[1. CALL TO ORDER]
[00:00:10]
>> I AM THE SPECIAL MAGISTRATE THAT WILL BE PRESIDED OVER THIS AFTERNOON SERIES. YOU ARE HERE BECAUSE YOU RECEIVED ONE OF THREE THINGS FROM THE CITY OF FORT PIERCE, A CITATION FOR PARKING VIOLATIONS AND THEN YOU WERE PROBABLY ADVISED THAT YOUR HOUSE WAS IN VIOLATION OF A PARTICULAR CITY CODE OR ORDER AND YOU WERE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT IT. SO FAR YOU HAVE NOT DONE SO THOSE OF YOU WISH TO BE HEARD WE WILL CALL YOUR CASES SHORTLY.
I WOULD LIKE TO ALWAYS ADVISE PEOPLE WHEN YOU HAVE A CITATION THAT SHOULD YOU BE FOUND GUILTY OF THE CITATION YOU WILL BE SUBJECT TO ADDITIONAL FEES AND COSTS, BE MINDFUL OF THAT.
ANYWAY IF YOU DON'T MIND PLEASE STAND FOR THE PLEDGE OF
ALLEGIANCE. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD,
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.>> PLEASE REMAIN STANDING, THE CLERK IS GOING TO SWEAR YOU AND FOR THOSE OF YOU THAT ARE GOING TO TESTIFY.
>> PLEASE RAISE YOUR RIGHT HAND, DO YOU SWEAR AND AFFIRM THE TESTIMONY THAT YOU'RE ABOUT TO GET WILL BE THE TRUTH.
>> DOES ANYONE HERE NEED AN INTERPRETER? PLEASE ALSO BE ADVISED THAT YOU ARE BEING RECORDED AND IT IS RECORDED ON A LOCAL FORT PIERCE TV STATION AND IT IS BROADCAST.
I RUN INTO PEOPLE ALL THE TIME THAT SAY THEY SAW ME ON TV.
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
WHEN YOU ARE BETTY MADAME CLERK. >> WERE TO START WITH IDENTIFICATIONS OF CASES AND COMPLIANCE RESCHEDULED CASE 23-19372400 SOUTH OCEAN DRIVE UNIT V1113 KLEM 23-2599 JAYCEE PARK. 23- 19342400 SOUTH OCEAN DRIVE UNIT 7223 DELGADO. 23-23-63, 112 GARDENIA AVENUE PAULICK. 23-2374 TO 10 GARDENIA AVENUE MARTINEZ. 23-1994, 2400 SOUTH OCEAN DRIVE, UNIT 5321 LEAL. 23-1784, 100 NORTH 19TH STREET WILLIE'S CAR CARE. 23-1786, 100 NORTH 19TH STREET, WILLIE'S CAR CARE. 23.1785, 100 NORTH 19TH STREET, WILLIE'S CAR CARE. 23-1963, 2400 SOUTH OCEAN DRIVE, UNIT V728. 23-2244, 1506 ON POINTE DRIVE, BODMAN. 23-2373, 211 GARDENIA AVENUE, MICAS. 23-2353, 2425 MOHAWK AVENUE, BROWN AUTO BODY AND PAINT INC. 23-1987, 91 SOUTH U.S. HIGHWAY ONE PAUL. 23-21581600 BLOCK OF ANY DRIVE
BLASZYK. >> 23-1992, 2400 SOUTH OCEAN DRIVE LOT ABOUT. 23-2367 ROSALES AND ANDREW.
23-236-7105 GARDENIA AVENUE, KATHY MUREAU.
[B. 23-1406STR 715 S Ocean Drive, Unit L MERMAID SEASHORES LLC Heather Debevec]
11-1369, 525 NORTH 16TH STREET, MULTIPLE LOT CLEARINGS.LEWIS. OUR FIRST CASE TODAY WILL BE 2 23-140-6715 SOUTH OCEAN DRIVE, UNIT L MERMAID SEASHORES LLC.
>> DID YOU JUST CALL THE LAST CASE?
[00:05:12]
>> SPECIAL MAGISTRATE, THE COUNCIL LOOKS LIKE HE'S SORTING THROUGH DOCUMENTS I WANT TO GIVE HIM TIME TO BE READY.
>> GOOD AFTERNOON THOMAS GREW SICK ON BEHALF OF THE RESPONDENT. AS A PRELIMINARY MATTER WHEN WE ARE HERE PREVIOUSLY THERE WAS A PENDING MOTION TO RECUSE, MY CLIENT REDUCE THAT TO A ONE PAGE AFFIDAVIT.
IT REFERENCES ATTACHMENTS, MAINLY THE MATERIAL THAT SHE
PRESENTED LAST TIME. >> I DON'T WANT TO INTERRUPT YOU BUT I MIGHT BE ABLE TO SHORT-CIRCUIT A LITTLE BIT.
IS THE REQUEST STILL TO HAVE THIS MOVE TO A DIFFERENT
>> WE DO HAVE A DIFFERENT MAGISTRATE THAT IS SPECIAL MAGISTRATE PELLETIER, MY THO THOUGHT, SO THERE CAN BE NO CLAIM OF ANY SORT OF ISSUE BEFORE WE GET TO CONFLICT ANALYSIS TO PROTECT THE PROCEEDINGS ON ANY APPELLATE ISSUE THAT MAY ARISE IF YOUR REQUEST IS TO TRANSFER THIS WE CAN DO IT ADMINISTRATIVELY AND MOVE THIS TO A SPECIAL MAGISTRATE PELLETIER IF THAT IS WHAT YOU WANT TO DO.
>> YES. >> SPECIAL MAGISTRATE WITHOUT REQUESTED AGREEMENT WE CAN MOVE THIS TO SPECIAL MAGISTRATE PELLETIER IF YOU ARE IN AGREEMENT TO THAT.
SO THERE'S NOT ANY APPELLATE ISSUES MOVING FORWARD AND WE CAN GIVEN SPECIAL MAGISTRATE PELLETIER AND WE WOULD NOT
ADDRESS THE CONFLICT ISSUE. >> BASED ON THE STIPULATION BETWEEN THE PARTIES I WILL MOVE THIS.
>> DO WE HAVE THE NEXT DATE FOR SPECIAL MAGISTRATE POL PAL PELL.
>> WE HAVE NOVEMBER 15. IS THAT AT 130 AS WELL.
>> YES. >> MY CLIENT JUST SAID SHE THINK
SHE'S OUT OF TOWN ON THAT DATE. >> WE SHOULD HAVE THE NEXT ONE.
>> AT THE NEXT DATE. >> IS DECEMBER 13.
>> DOUBLE CHECK IT RIGHT NOW. I'M PRETTY SURE THAT'S WHAT IT
WAS. >> IT IS THE SECOND WEEK OF
DECEMBER, IT WAS DECEMBER 13. >> OKAY THAT'S GOOD FOR ME, THAT
IS GOOD FOR US. >> DECEMBER 13 AT 130.
>> THANK YOU VERY MUCH, THANK YOU YOUR HONOR.
>> THE FOLDER THAT YOU GAVE US LAST TIME I'M GOING TO GIVE THAT TO CODE ENFORCEMENT, THAT WILL BE PART OF THE FILE.
[C. 23-1407 STR 715 S Ocean Drive, Unit D MERMAID SEASHORES LLC Heather Debevec]
>> PART OF THE VIOLATION FILE. >> THANK YOU.
>> JUST FOR THE RECORD BOTH CASES 23-1406 AND 23-1407 WILL
BOTH BE MOVED TO 1213 AT 130. >> YES, MA'AM.
>> THANK YOU. >> SPECIAL MAGISTRATE I KNOW WE HAD SOMEBODY RECORDING FOR THIS HEARING I DON'T KNOW IF HE WANTS TO CONTINUE RECORDING OR FEAST ON RECORDING.
>> DO WE WANT TO TAKE A FEW MINUTE BREAK AND LET HIM GET ALL
OF HIS STUFF OUT. >> YES WE WILL GO OFF THE RECORD
[F. 23-2375 CE 208 Gardenia Avenue RAMON GARCIA MANUELA CAMPOS-GARCIA Heather Debevec]
>> WE ARE BACK ON THE RECORD. >> WHEN YOU ARE READY.
>> 23-SET 237-5208 GARDENIA AVENUE RAMON GARCIA MANUELA
CAMPOS GARCIA. >> WILL YOU BE NEEDING SPANISH.
>> I SPEAK ENGLISH, MY DAD WOULD NEED SPANISH.
>> TO WANT TO CALL THE INTERPRETER FOR HIM.
>> YES. >> I DID NOT KNOW WE WERE CALLING THE INTERPRETER WE WILL HAVE TO POSTPONE IT FOR CALLING
THE INTERPRETER. >> I SPEAK ON HIS BEHALF PRETTY
[00:10:08]
MUCH EVERYTHING WAS TAKEN CARE OF BUT IF YOU NEED TO ASK MY FATHER ANYTHING IT I CANNOT INTERPRET THEN YES.>> SINCE HE HAS MOBILITY ISSUES AND WE ARE TO HAVE THEM APPEAR LET'S GET AN INTERPRETER ON THE PHONE, I DON'T WANT TO KEEP THEM WALKING BACK AND FORTH, LET'S TAKE CARE OF THIS WITH.
>> HE COULD TAKE HIS SEAT. >> HE DOES NOT HAVE TO STAND THE
WHOLE TIME. >> IS BETTER STANDING.
>> HI THIS IS CATHERINE I'M CALLING BY THE COMMISSIONER CHAMBERS THIS AFTERNOON FOR A PUBLIC MEETING.
I DO HAVE TO SWEAR YOU AND BEFORE WE START OUR PRESE
>> PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE
RECORDS. >> MY NAME IS ANDREA I'M A
SPANISH INTERPRETER ID 14716. >> THANK YOU, DO YOU SWEAR TO COMPLETELY AND ACCURATELY TRANSLATE THE ENGLISH LANGUAGE TO SPANISH AND THE SPANISH-LANGUAGE TO ENGLISH.
>> MA'AM THE PROCEEDINGS ARE PUBLIC HEARING SO THERE'S NO CONFIDENTIALITY IF YOU WOULD LIKE TO GO AHEAD AND INTRODUCE HERSELF AND WE WILL GET STARTED WITH THE HEARING.
>> SIR DO YOU UNDERSTAND EVERYTHING SHE IS SAYING.
>> IF YOU NEED TO SIT DOWN YOU ARE FREE TO SIT DOWN.
>> IF YOU WOULD LIKE TO PROCEED. >> ITGOOD MORNING SPECIAL MAGISTRATE, GOOD AFTERNOON. THIS IS CASE NUMBER 23-2375.
>> OWNED BY RAYMON GARCIA MANUELA CAMPOS GARCIA.
>> IT WAS FOR SECTION 2419, 2420, 2421.
>> HE HAS REQUESTED TO REFRAIN FROM PARKING IN THE FRONT YARD.
[00:15:03]
>> FOR PARKING ON OTHER THAN PAVEMENT.
>> THE CITY REQUEST THAT IF THE SPECIAL MAGISTRATE.
>> THE VIOLATOR BE GIVEN 10 DAYS TO RELOCATE THE VEHICLE FROM THE FRONT YARD.
>> FAILURE TO COMPLY WILL RESULT IN A FINE OF $50 PER DAY BEING ASSESSED.
>> I DO HAVE PHOTOS IN WHICH TO SUBMIT.
>> TRTRANSLATION ISSUE THAT YOU WERE QUESTIONING?
>> IF YOU CAN GO AHEAD AND REPEAT THE CORRECTIVE ACTIONS.
>> CAN YOU GO AHEAD AND GIVE US THE CORRECTIVE ACTIONS AGAIN.
>> THE CORRECTIVE ACTION IS TO MOVE VEHICLES FROM FRONT YARD.
CHANCE TO SEE THE PHOTOGRAPHS.
>> SIR AND MA'AM, WOULD YOU LIKE TO LOOK AT THE PHOTOGRAPH.
>> THE QUESTION IS WHETHER YOU BELIEVE THEY ARE INACCURATE OR ILLEGALLY UNABLE TO BE PRESENTED AS EVIDENCE.
>> THEY ARE CORRECT THAT THE EVIDENCE THAT SHE HAD THEIR,
THAT TRUCK WAS THERE. >> IF WE DID WITH THE TRANSLATOR ONE MINUTE.
>> YOU WILL HAVE A CHANCE TO EXPLAIN ANYTHING THAT YOU WANT ABOUT THE PHOTOGRAPHS OR ANYTHING ELSE AS SOON AS WE FINISH.
>> FOR NOW WERE GOING TO TAKE THE PHOTOGRAPHS BACK FROM YOU.
CITIES COMPOSITE EXHIBIT ONE. >> THEY WILL BE ADMITTED AS S
SUCH. >> THEY WILL BE DISPLAYED ON THE TVS ABOVE AND IN FRONT OF YOU TO SEE.
>> HAVE YOU HAD AN OPPORTUNITY TO GO BY AND SEE IF THE VEHICLE
IS NOT THERE? >> YESTERDAY MORNING AT 1020 ON MY PHOTO.
>> IS THE VEHICLE THE TRAILER IN THE PHOTOGRAPH?
[00:20:07]
>> OKAY I SEE THE OCTOBER 31. THANK YOU.
>> OKAY, WHO IS GOING TO RESPOND?
>> DO YOU WANT ME TO SAY IN SPANISH OR ENGLISH?
>> YOU CAN SPEAK IN ENGLISH, SHE IS GOING TO INTERPRETER YOUR FATHER UNDERSTANDS.
>> THE PICTURES ARE CORRECT TO THE RED TRUCK AND THE GOLDEN
TRUCK. >> GIVE HER A SECOND TO TRANSLATE.
>> THE MAIN REASON WHY THE GOLDEN TRUCK WAS MOVED, WE HAD TO HAVE A ROOF REPLACED AND HE TOLD US TO REMOVE EVERYTHING FROM THE DRIVEWAY SO THAT IS WHY.
DID TRY TO REMOVE THE GOLDEN TRUCK, THE RED TRUCK WAS EASY TO MOVE BUT THE GOLDEN TRUCK DID NOT START SO WE HAD TO WAIT FOR SOMEONE TO COME FIX IT SO WE CAN MOVE IT.
ABLE TO BE MOVED, WE MOVED IT, HOWEVER, ABOUT THE TRAILER RIGHT NOW, SINCE IT SAID MOTOR VEHICLE, WE DID NOT THINK THE TRAILER WOULD BE A PROBLEM.
>> NO, IF WE NEED TO MOVE THE TRAILER WE WILL MOVE THE TRAILER, LIKE I SAID PREVIOUSLY WE DID NOT THINK THAT WAS AN ISSUE.
>> BRIEFLY IF I MAY SPECIAL MAGISTRATE, THE CODE DOES DIVIDE MOTOR VEHICLES TO INCLUDE TRAILERS.
ACTUAL ORDER I JUST READ MOTOR VEHICLE AND THAT'S WHAT I EXPLAINED TO MY FATHER.
>> HOW LONG WOULD IT TAKE YOU TO MOVE THE TRAILER? THAT.
RIGHT AWAY. IT COULD BE DONE TODAY.
EXPLAIN A PROPER PARKING SPACE WHERE WOULD NEED TO BE PARKED ON
THE PROPERTY. >> IN THE DRIVEWAY OR TO THE SIDE OR REAR OF THE RESIDENCE.
>> DOESN'T HAVE TO BE ON ANY SORT OF GROUND MATERIAL DESIGNATED AS A PARKING SPACE.
[00:25:10]
>> IF IT IS IN THE FRONT YARD, OTHERWISE IT WOULD BE TO THE SIDE OR THE REAR OF THE RESIDENCE.
>> AND YOU REPEAT YOUR ANSWER. >> IF IT IS IN THE FRONT YARD, YES.
>> IF HE PARKS ON THE SIDE OR THE REAR OF THE HOUSE HE CAN BE
HOUSE AND NEEDS TO BE IN THE DRIVEWAY OR SOME DELINEATED PARKING SPACE WITH GRAVEL OR SOMETHING LIKE THAT.
>> THIS IS HER SPEAKING, YES. >> SIR, IS THAT CLEAR TO WHERE WOULD HAVE TO BE MOVED TO.
>> YES. >> WE CAN GIVE THEM 10 DAYS TO MOVE IT. WE WILL CONTINUE TO THE NEXT
MAGISTRATE WHICH IS IN TEN-DAY. >> WITH UNDERSTANDING OF WHAT IT WOULD HAVE TO BE MOVED TO OR PARKED ON, IS YOUR ANSWER THAT YOU COULD STILL DO THIS IMMEDIATE?
>> SPECIAL MAGISTRATE, SPEAKING WITH STAFF WE WILL ASKED TO CONTINUE THIS, IF IT IS COMPLIED, MEANING IT IS MOVE YOU WILL NOT HAVE TO COME BACK, LET MS. DEBEVEC KNOW SO SHE CAN COME LOOK AT IT.
>> GOOD LUCK, THIS'LL BE CONTINUED.
>> TO THE NECK SPECIAL MAGISTRATE HEARING.
>> THIS WILL BE CONTINUED TO NOVENOVEMBER.
PARKING SPOT IN FRONT TO EXPAND THE PARKING IN FRONT?
OR IN THE DRIVER? >> THAT WILL DEPEND ON WHAT IT% IS THAT YOU WERE WANTING TO DO, YOU MAY NEED A PERMIT TO DO THAT, YOU WOULD NEED TO CONTACT THE BUILDING DEPARTMENT TO ASK A QUESTION.
>> YOU NEED TO TALK WITH MS. DEBEVEC.
WE ARE GOING TO CONTINUE SO YOU CAN RECTIFY THE PROBLEM.
YOU WILL HAVE TO COME BACK AT THE NEXT HEARING DATE THAT THEY HAVE GIVEN YOU.
>> TO KEEP IN TOUCH WITH MS. DEBEVEC.
>> IF YOU ALL WANT TO STEP OUTSIDE, MS. DEBEVEC MIGHT BE ABLE TO ANSWER QUESTIONS SHE CAN STEP OUTSIDE.
>> IS ANYTHING ELSE I CAN HELP YOU WITH.
>> THAT WILL BE YET THANK YOU. >> THANK YOU FOR CALLING THIS IS
[00:30:07]
YOUR SPANISH INTERPRETER I ANDREA 14716 CITING.>> THANK YOU, BYE-BYE. >> DO WE WANT TO CALL THAT NOW.
>> TELL KEVIN WE ARE GOING TO GO TO 6C BECAUSE THE CONTRACTOR IS
[C. 22-2634 LC 1013 Avenue G Martin C McCabe IV Peggy Arraiz]
ON THE PHONE, WERE TO CALL HIM BACK TO THE PHONE.>> OUR NEXT CASE IS 22-2634, 1013 AVENUE G, OR IN C MCCABE
THE FOURTH. >> SPECIAL MAGISTRATE I WILL BE PRESENTING MOST OF THIS AND WE ARE ALSO GETTING THE CONTRACTOR, THIS IS A LOT CLEARING CONTESTING OF THE FINES ASSOCIATED WITH THE LOT CLEARING CASE AND THE VENDOR REACH OUT TO US, HE IS ON THE PHONE NOW WE'RE GETTING THEM ON THE PHONE IN CASE YOU HAVE ANY QUESTIONS OF HIM.
>> SIR, YOU ARE WELCOME TO SIT IN THE OTHER CHAIR IF YOU PREFER
AS WELL. >> YOU WILL HAVE A CHANCE TO PRESENT ANY EVIDENCE THAT YOU WOULD LIKE TO, YES.
>> SPECIAL MAGISTRATE, DID WE GET KEVIN ON THE PHONE.
>> I'M DOING THAT NOW. >> HI, THIS IS KATHY RECALL THAT YOU LIVE IN THE COMMISSIONERS CHAMBERS AFTERNOON MEETING, I'M GOING TO GO AHEAD AND SPARE YOU WHEN.
>> CAN YOU WAIT ONE SECOND SO I CAN HEAR YOU CLEARLY BECAUSE I WAS TRAVELING THAT'S WHAT TOOK ME SO LONG CAN YOU WAIT ONE MINUTE BEFORE YOU BUZZ ME IN. I'M TRYING TO GET OUT OF THE VEHICLE SO I CAN HEAR YOU CLEARLY.
>> YOU CAN'T HEAR NOTHING. >> YOU CAN GO AHEAD AND BUZZ ME.
>> PLEASE RAISE YOUR RIGHT HAND HIS TEACHER NAME FOR THE RECORD.
>> THIS IS RAY. >> CAN YOU GIVE US YOUR NAME.
>> HEAVENLY BRONSON. >> DO YOU SWEAR TO COMPLETELY AND SWEAR AND AFFIRM THE TESTIMONY WILL BE THE TRUTH.
>> YES IT WILL BE. >> SPECIAL MAGISTRATE AND GOING
TO START BY READING THE CASE IN. >> 22-2634 ADDRESS IS 1013 AVENUE G OWNED BY MARTIN C MCCABE THE FOURTH, THIS IS INITIATED AUGUST 30 OF 2022 AND IS BEFORE YOU OF THE COST ASSOCIATED WITH A LOT CLEARING. THE VIOLATIONS WERE SECTION 2 24-19 MAINTENANCE ON NUISANCE PROPERTY PROHIBITED AND 24 - 21 SECTION NINE AND 18 NUISANCE AS A CONDITION.
ON SEPTEMBER 7 OF 2022, CODE OFFICER HEATHER DIBELLA LOT VIOLATION. ON SEPTEMBER 20 THE PROPERTY WAS DENTED DUE TO NONCOMPLIANCE, THE PROPERTY WAS BASED ON THE BID LIST. ON OCTOBER 12, 2022 DURING AN EXPECTION, IT WAS NOTED THAT PORTIONS OF THE GRASS WERE CUT BUT THE TREE CONTINUED TO BE OVERGROWN.
ON NOVEMBER 30, 2022, A NOTICE WAS SENT, FRIENDLY REMINDER SENT TO THE OWNERS EXPLAINING WHILE THE GRASS WAS CUT, THE TREE CONTINUED TO BE AND NEEDED TO BE TRIMMED IN CLEANING ALONG THE FENCE LINE WAS REQUIRED. DUE TO CONTINUED NONCOMPLIANCE WITH THE TWO SPECIFIC ITEMS ON JUNE 12, 2023 THE PROPERTY WAS
[00:35:02]
CUT BY YOUR CONTRACTORS AND ON SEPTEMBER 23 OF THIS YEAR WE DID RECEIVE THE REQUEST FROM THE OWNER FOR TODAY'S HEARING.>> WE HAVE PHOTOS TO SUBMIT OF THE WORK THAT WAS DONE WHICH ARE DATED JUNE 12TH, MAY 9 AND MAY E CONDITION OF THE TREE WAS ON APRIL 2023 AND I'LL GO BACK TO AUGUST 30, 2022.
>> HAVE YOU HAD A CHANCE TO LOOK AT THE PHOTOGRAPHS?
>> SIR, THEY WERE ABLE TO FIND THE MARKED PHOTOGRAPHED SO WE WILL HAND YOU THOSE INSTEAD SO INTRODUCES.
MARKED ON THE BACK YOU WILL SEE EXHIBIT NUMBERS AND LETTERS.
>> SPECIAL MAGISTRATE, A QUESTION DO BELIEVE THE PHOTOGRAPHS ARE INACCURATE OR A LEGAL OBJECTION TO THE
PHOTOGRAPHS? >> YOU WILL BE ABLE TO EXPLAIN ANYTHING YOU WANT TO ABOUT THEM. THE EXHIBIT AS COMPOSITE EXHIBIT
ONE. >> WERE YOU HERE WHEN WE SWEAR
>> MADAME CLERK. >> PLEASE RAISE YOUR RIGHT HAND TO STATE YOUR NAME FOR THE RECORD.
>> TO YOU SWEAR AND AFFIRM THE TESTIMONY WILL BE THE TRUTH.
>> IS EVERYTHING YOU SAID THIS PART OF THE TRUTH?
>> YES. >> SPECIAL MAGISTRATE I ALSO HAVE THREE DOCUMENTS, ONE IS THE BID LIST WORKSHEET SUBMITTED TO A CONTRACTOR THAT HE RETURNS WITH AN ESTIMATED PRICE ON IT, THE FOLLOWING IS A REQUEST FOR INVOICE THAT WE SENT TO THE
[00:40:03]
FINANCE DEPARTMENT AND THE RESULTING INVOICE THAT GETS SENTTO THE OWNERS. >> I DID NOT SEE THIS, THANK Y
YOU. >> SPECIAL MAGISTRATE I'M GOING TO MARK THIS AS COMPOSITE EXHIBIT TWO.
>> ARE ALL OF THESE DOCUMENTS KEPT IN THE NORMAL COURSE OF BUSINESS ACTIVITY FOR THE CITY OF FORT PIERCE.
AT THIS TIME WAS THERE LEGAL OBJECTION TO THE DOCUMENTS.
>> THOSE ARE NOT THE SAME THAT WE RECEIVED FROM THE CITY OR
ESTIMATE. >> DO YOU BELIEVE THESE DOCUMENTS AS THEY EXIST CURRENTLY ARE LEGALLY INCORRECT? SORRY SPECIAL MAGISTRATE ALL THAT YOU EXPLAIN.
>> AHEAD. >> YOU CAN PRESENT ANY OTHER EVIDENCE THAT YOU LIKE BUT YOU WOULD NEED TO STAY IN ACTUAL
LEGAL OBJECTION. >> WHAT IS THE DATE ON THE
INVOICE. >> THE REQUEST FOR INVOICE HAS A DATE OF FEBRUARY 10, 2022. THE DATE COMPLETED FOR THE WORK IS JANUARY 31, 2022. THE INSPECTION DATE SIGNATURE IS FEBRUARY 10TH 2022 APPROVED TO BILLING DATE IS FEBRUARY 22ND
2022. >> ON YOUR ACTION DATE IS JUNE 12, THE PROPERTY WAS CUT BY THE CONTRACTOR.
>> CAN YOU PLEASE SPEAK INTO THE MICROPHONE.
>> ON THE ACTION DATE JUNE 12, 2023 THE PROPERTY WAS CUT BY OUR
CONTRACTORS. >> TRY THE INCORRECT PAPERWORK.
>> WOULD HAVE THE RIGHT PAPERWORK.
>> DO YOU WANT TO SEE THE PHOTOGRAPHS.
>> A OF THE WRONG PAPERWORK. I'M SORRY I GRABBED THE WRONG
PAPERWORK. >> THE BILL IN PHOTO IS AN ITEM.
>> I NEED THE ACTUAL PAPERS. >> THAT WAS THE PRIOR CASE THAT
>> YOU SAYING YOU HAVE A PROBLEM WITH THE PHOTOGRAPHS.
>> MAKE SURE YOUR PHOTOGRAPHS ARE CORRECT.
>> THERE IS NO INVOICE. >> YOU ARE READY SUBMITTED THE.
>> YES, MA'AM. >> STATE YOUR NAME FOR THE
RECORD PLEASE. >> THERE IS AN ISSUE WITH THOSE.
IT IS INACCURATE. >> INAUDIBLE.
[00:45:05]
>> 7300 SQUARE FEET, THAT IS THE ENTIRE LOT.
>> SPECIAL MAGISTRATE I DON'T TAKE THAT AS A LEGAL OBJECTION TO THE ACCURACY OF THIS DOCUMENT I THINK IT'S AN ARGUMENT THAT WHAT HE IS BILLING FOR IS WRONG BUT THESE DOCUMENTS THEMSELVES WILL BE INCORRECT BUT THEY WOULD MAKE THE ARGUMENT THAT THAT IS NOT THE WORK THAT HE DID AND HE BILLED INCORRECTLY.
>> STATE YOUR NAME FOR THE RECORD.
>> MARTIN MCCABE. >> HE ALSO HAS A NOBODY CLEANED THE FENCE LINE YOU HAVE IN THERE THAT HE DID NOT DO THAT.
>> THIS WOULD NOT BE LEGAL OBJECTIONS TO THE DOCUMENTS.
>> THIS TO BE EVIDENCE AND ARGUMENTS THAT COULD BE MADE IN
THEIR CASE. >> HE SAYING ON THE DOCUMENT
THAT HE DID NOT WORK. >> NO MA'AM, I DON'T THINK THAT THAT CHANGES THE DOCUMENT ITSELF IS THE DOCUMENT.
THE QUESTION FOR A BUSINESS RECORD, WHETHER THIS IS THE DOCUMENT AND KEPT IN THE NORMAL COURSE OF BUSINESS ACTIVITY.
IF THEY BELIEVE HE IS CLAIMING WHAT HE DID IS INCORRECT, THAT IS AN ARGUMENT THAT THEY CAN MAKE BETTER WOULD NOT CHANGE ADMISSIBILITY OF THIS DOCUMENT ITSELF.
>> I GUESS WHAT WE ARE SAYING WE WANT THE CONTRACTOR TO COME AND TESTIFY THAT THOSE DOCUMENTS ARE TRUE AND ACCURATE OTHERWISE WE
CANNOT ACCEPT THEM AS LEGAL. >> I DISAGREE WITH YOU.
>> HE'S ON THE PHONE. >> IT WASN'T EVEN OURS.
>> TO THIS POINT YOU HAVE PROVIDED REQUEST FOR INVOICE, BID LIST INVOICE ARE ALL OF THESE KEPT IN THE NORMAL COURSE OF BUSINESS ACTIVITY FOR THE CITY OF FORT PIERCE?
>> YES, MA'AM. >> WERE ALL OF THESE DOCUMENTS CONTAINED IN YOUR FILE FOR THIS VIOLATION?
>> YES, MA'AM. >> AT THIS TIME THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT TWO.
THOSE DOCUMENTS. >> I WOULD NOTE THERE OBJECTION
FOR YOUR RULING. >> THANK YOU.
>> WHEN YOU KNOW, WHEN HE TESTIFIED SHE WILL HAVE A CHANCE TO CROSS-EXAMINE HIM AND ASKING QUESTIONS AS WELL.
>> DO YOU HAVE QUESTIONS? >> I HAVE MOVED THEM THEN, DEBATED OBJECTION, JUST WAITING FOR A RULING ON WHETHER THEY ARE
ADMITTED WERE NOT. >> GO AHEAD.
THEY WERE ADMITTED TO US. COMPOSITE ONE AND TWO.
ANYTHING ON BEHALF OF THE CITY? >> MS. ARRAIZ, YOU ARE THE QUESTION RELATED TO THE BILLS YOU HAVE A RESPONSE TO THE WORK THAT WAS DONE AND WHAT IS ON THE BILLS?
>> DO I HAVE A RESPONSE? >> THE RESPONSE IS PRIOR TO THE WORK BEING PERFORMED A CODE OFFICER GOES OUT AND EXPECTS THE PROPERTY AND CONFIRMS THAT THE WORK THAT WAS REQUESTED OF THE VENDOR WAS DONE. ANYTHING OVER A CERTAIN DOLLAR AMOUNT AS SUPERVISOR ALSO GOES AND CONFIRMS THAT THE WORK IS DONE WHICH IS THE SIGNATURE THAT IS ON HERE, ISAAC AND JAMIE VANDER HORSE WHO SIGNED THESE AND THEY ARE BOTH HERE TODAY.
THEY CONFIRM THAT THE WORK THAT WAS REQUESTED WAS DONE.
AND APPROVE THE COST WAS REQUESTED AN INVOICE BY THE
VENDOR. >> THERE WAS A QUESTION SPECIFICALLY RELATED TO THE FENCE LINE BEING CLEARED OFF.
CAN YOU SCROLL THROUGH THE FENCE LINE PHOTOGRAPH.
THE DATE ON THIS IS MAY 9, 2023, WHAT DAY WAS THE WORK DONE?
>> JUNE 12, 2023. >> WHICH IS THAT PHOTO RIGHT
THERE. >> THIS IS A PHOTO RIGHT HERE.
>> DO YOU KNOW WHERE THE FENCE LINE IS?
>> I DO NOT BUT HE IS HEARING HEATHER DEBEVEC BECK AND
[00:50:06]
MS. JAMIE HAND HER HORSES AROUND SUMMER LOSS THREE CAN SPEAK ONTHAT. >> CAN YOU TELL US YOUR FULL
>> HOW ARE YOU EMPLOYED THE. >> THE CITY OF FORT PIERCE.
>> THE PROPERTY THAT WERE DISCUSSING, DID YOU WANT TO THE
>> THE REASON I WENT OUT, TYPICALLY WHEN WE GET THE BIDS BACK FROM THE CONTRACTOR BEFORE WE SIGN OFF ON THEM I BELIEVE HEATHER WAS OUT OF TOWN THAT'S A REASON WHY MY SIGNATURE IS ALL
AND PAY FOR BUT YES I WENT OUT. >> YOU KNOW WHERE THE FENCE LINE
>> TO A SPECIFIC MEMORY OF THIS PROPERTY.
>> NEGATIVE. >> I DON'T HAVE ANY OTHER
QUESTIONS. >> THIS PICTURE WAS TAKEN ON
PAGE NINE. >> THERE DATE AND STAMPED.
>> THEY CAN ASK QUESTIONS. >> NO.
>> THEY SAID IT WAS COMPLETED ON JUNE 12 BUT THIS PICTURE WAS
TAKEN ON MAY 9. >> THAT PHOTO IF I'M NOT
MISTAKEN IS MR. BEV X PHOTO. >> CORRECT.
>> THE ONLY THING I CAN THINK OF THE JOB WAS COMPLETE MAY BE A FEW DAYS PRIOR TO MAX WHY THERE'S STILL DEBRIS IN THE CONTRACTOR HAD NOT HALTED AWAY THE SAME EXACT DAY.
>> IN THE ACTION IT SHOWS IT WAS DONE ON JUNE 12 AND THAT'S WHAT
THE PICTURE SHOWS. >> WHEN WAS HE CONTRACTED TO DO
IT? >> I DON'T KNOW THE EXACT SAME DAY WHERE BASIN IT ON THE FIRST PHOTO FROM JUNE.
>> THAT IS MORE THAN A MONTH LATER THAN THIS ONE.
>> CORRECT. >> LIKE I SAID I ONLY WENT OUT THERE TO SIGN UP TO MAKE SURE THE JOB WAS COMPLETE.
>> I UNDERSTAND. >> IS IT KEVIN BRUNSON?
>> YES. >> MR. BRUNSON YOU WERE SWORN IN
>> CAN YOU TELL US WHERE YOU ARE EMPLOYED OR WHAT YOU OWN?
I THANK YOU ARE THE OWNER. >> YES.
>> WHAT COMPANY DO YOU OWN. >> GOLDFISH LANDSCAPING LLC.
>> DID YOU PERFORM THE WORK THAT WE'VE BEEN DISCUSSING ON THIS
>> WAS AFTER A BID PROCESS TO THE CITY QUESTIONING.
>> YES, MA'AM. >> HOW MANY DAYS DID IT TAKE YOU
TO DO THE WORK? >> IT'S BEEN A WHILE, I'M MAYBE A DAY AND A HALF, MAYBE TWO DAYS ME AND MY GUYS WENT OUT THERE TO
DO THIS JOB. >> DID YOU GO WITH THEM?
>> YES. >> WHAT ALL DID YOU DO, YOU AND
YOUR WORKERS? >> TRIM BACK THE TREES, TRIM BACK THE OVERLARGE TREE, DID THE GATE LINE, CUT THE GRASS, REMOVED ALL THE DEAD STUFF UNDER, LET ME EXPLAIN SOMETHING UNDER THE PEPPERTREE THAT YOU SEE IS BIG, ALL YOU SEE IS OUTSIDE OF THE PEPPERTREE, YOU ALL DON'T KNOW, SHE DOES UNDERSTAND WHAT WAS UNDERNEATH THE PEPPERTREE, I UNDERSTAND, BUT WHEN YOU'RE GOING TO DO THESE JOBS, THEY'RE NOT A SIMPLE JOB, ON THE GATE LINE IT IS CONNECTED TO THE OTHER PEOPLE'S GATE LINE. ON THE OTHER GATE LINE IS TALKING ABOUT WHY THE GATE LINE, SOME OF THE STUFF IS COMING FROM
THE OTHER PEOPLE'S PROPERTY. >> THAT'S WHERE THIS TREE COMES
I HAVE DONE THIS 10 TIMES OR 20 FOR THE CITY PROPERTY.
FOR THE HOUSING CITY. I DID THIS 10 TIMES MYSELF.
[INAUDIBLE] >> WHAT TO QUESTION WHAT YOU
WANT TO KNOW FOR ME. >> ONE SECOND WORTH SCROLLING
THROUGH ALL THE PHOTOGRAPHS. >> GO BACK TO THE PICTURE WOULD LOOK LIKE A TIRE ON IT OR SOMETHIG.
>> CAN YOU QUESTION HIM ON THAT. >> SEPTEMBER 7, 2022, DATE AND TIME STAMP ON THE PHOTOGRAPH IT LOOKS LIKE BICYCLE TIRES IN THE COOLER ON A PILE IN THE PROPERTY IS NOT SOMETHING YOU
[00:55:02]
>> YES, SIR. >> WHEN I GOT THERE?
>> IS THAT SOMETHING YOU HAD TO REMOVE.
>> WHAT IS THIS. >> MR. BRUNSON SEPTEMBER 20, 2022 IT LOOKS LIKE THE SAME TIRE, COOLER AND MAYBE ATTEND A PLASTIC TARP IN WERE ROBERT TARP ENOUGH SOME SORT.
>> YES, HONESTLY TO CLARIFY THIS, HIS PROPERTY IS CONSIDERED AN FORT PIERCE LIKE EVERYBODY DUMPS, WHEN I WENT TO HIS PROPERTY, EVERYBODY ELSE IN TOWN ALWAYS COMES AND DUMPS DEBRIS IN THAT SPOT, EVERYBODY IN TOWN DUMPS DEBRIS IN THAT SPOT RIGHT THERE. WHEN I GOT THERE IT WAS NOT JUST HIS STUFF THERE BUT OTHER PEOPLE STUFF THAT I HAD TO REMOVE.
THERE'S A PILE THERE NOW, IF YOU GO THERE NOW THERE'S A PILE THERE NOW. THE BIG PILE NOW.
>> ANYONE SECOND SPECIAL MAGISTRATE, PLEASE.
MADAME CLERK, WHAT ITEM NUMBER IS THIS?
>> MR. BRUNSON THERE WAS A QUESTION RELATED TO THE FENCE LINE AND WHAT WORK WAS DONE TO THE FENCE LINE, CAN YOU EXPLAIN
WHAT YOU DID ON THE FENCE LINE. >> CUTBACK ALL THE EXTRA DEBRIS ON THE FENCE LINE ON HIS SIDE OF THE PROPERTY ALL THE WAY DOWN
THE PROPERTY. >> ARE YOU ABLE TO GO INTO THE
NEIGHBORING PROPERTY? >> THEY HAVE DOGS, THEY GOT PIT
BULLS. >> LEGALLY YOU ARE NOT CONTRACTED TO GO ON TO THE PROPERTY, IS ACCURATE?
>> YES, MA'AM. >> WHEN YOU ARE FINISHED WITH THE WORK, DID YOU PHOTOGRAPH THE WORK.
>> YES, I DO. >> WAS THE DATE YOU FINISH
HOLD ON. >> YES IT IS JUNE 12, 2023 I
TOOK THE PICTURE. >> 1013 AVENUE G.
>> YES, MA'AM. >> SPECIAL MAGISTRATE CAN HAVE THE EXHIBITS BACK FOR ONE MO MOMENT.
>> CAN I HAVE EXHIBIT TWO AS WELL.
>> THANK YOU. >> OKAY, SIR, ON THE BID LIST WAS MARKED FOR NEED TO BE DONE TREES, SHRUBS, TO BE LIFTED, TRIMMED. WHAT IS NOT WORK RELATED TO?
>> SAY THAT AGAIN. >> TREES AND SHRUBS THAT NEEDED TO BE LIFTED OR TRIMMED, WHAT WORK DID YOU DO RELATED TO THAT.
>> TREES AND SHRUBS ARE SUPPOSED TO BE LIFTED UP BUT DUE TO THE FACT THAT THE TREE WAS SO HUMONGOUS AND BIG WE REMOVED THE PEPPERTREE, WE CUT 90% OF THE PEPPERTREE ALL THE WAY BACK BECAUSE YOU CAN SEE THE DIFFERENCE IN THE FULL PICTURE IN THE AFTER PICTURE ON THAT. WE WENT DOWN THE GATE LINE AND TRIMMED BACK WHAT WE COULD ON HIS PROPERTY AND IT LOOKS LIKE IT'S ON HIS PROPERTY BUT THAT IS ON THE OTHER PEOPLE'S PROPERTY.
>> OKAY. >> GRASS IN EXCESS OF 18 INCHES OF TIME THAT DID SSI'S NUMBER COMMENTS CLEAN OFFENSE LINE.
>> YES. >> WHAT DID YOU HAVE TO DO
RELATED TO THE ACTION. >> CLEAN THE FENCE LINE TO THE BEST OF OUR ABILITY AND WE CUT THE GRASS, WE PICKED UP THE EXTRA PAPER AND DEBRIS AND WHAT WAS LEFT ON THE PROPERTY.
>> THE TOTAL AMOUNT THAT WAS BILLED FOR THIS WAS $3000, IS
THAT CORRECT. >> YES I THINK I PUT IN A BID FOR MORE THAN THAT BUT ONLY GOT APPROVED FOR THE $3000 BECAUSE I WANTED TO REMOVE THE WHOLE PEPPERTREE, I WANTED TO TAKE THE WHOLE PEPPERTREE DOWN SO YOU ALL APPROVED FOR THE WORK THAT I DID BECAUSE I WANTED TO REMOVE THE PEPPERTREE.
>> YOU WERE UNABLE TO DO THAT? >> BECAUSE OF THE PRICE.
>> SO THE ORIGINAL BID IT LOOKS LIKE 3550.
>> YES. >> WHAT WAS APPROVED AND THE
WORK THAT YOU DID WAS 3000. >> YES, MA'AM.
[01:00:07]
>> YOU ARE THE OWNER OF GONE FISHING?
>> YES. >> HOW LONG HAVE YOU ON THAT
BUSINESS. >> I THINK BETWEEN SEVEN OR
EIGHT YEARS. >> HOW MANY PROPERTIES WOULD YOU ESTIMATE THAT YOU HAVE DONE YARDWORK IN THIS MANNER ON?
>> ON THAT PROPERTY THERE? >> PROPERTIES GENERALLY ARE WE
TALKING HUNDREDS, THOUSANDS. >> YES.
>> I BEEN A CONTRACTOR FOR THE CITY EVER SINCE I STARTED MY BUSINESS. I BEEN A CONTRACTOR FOR THE
CITY. >> COMEDY PROPERTIES HAVE YOU CLEARED, MOWED, CLEANED OVER YOUR CAREER.
>> HUNDREDS. >> THE $3000 THAT YOU BUILD IS THAT A REASONABLE AMOUNT TO BILL FOR THE WORK THAT YOU DID?
>> NOW THAT IT IS DUE TO THE FACT THAT EVERYTHING HAS CHANGED. WHAT I MEAN BY THAT, TWO YEARS AGO BEFORE CORONA CAME A CHAIN COSTING $12 YOU USED TO SPEND $12, NOW THE SMALLEST CHAIN, THE SMALLEST CHAIN COST 30, EVERYTHING IS UP, EVERYTHING PRICE DIFFERENT, GUYS USED TO WORK FOR $75 A DAY, THEY'RE NOT COMING TO WORK UNLESS IT'S 120 OR 125 A DAY. EVERYTHING HAS CHANGED PRICES
ARE NOT THE SAME. >> AS IT EXISTS CURRENTLY IN 2023 WITH THE COST OF ALL SERVICES BEING UP HONESTLY IS THE $3000 THAT YOU CHARGE FOR THIS AN ACCEPTABLE RATE?
>> YES IT IS. >> IS THAT A STANDARD RATE FOR
WHAT OTHERS WOULD'VE CHARGE? >> YES IT IS.
IF YOU CHECK MY OTHER PROPERTIES IT WOULD BE AROUND THE SAME, SOME WOULD BE A LITTLE BIT HIGHER.
>> I DON'T HAVE ANY OTHER QUESTIONS FOR YOU, THE RESPONDENTS, ARE ONE OF YOU MARTIN BECAME, YOU ARE MARTIN MCCABE. MR. MCCABE MAY HAVE QUESTIONS OR
>> HOW MANY MEN DID YOU HAVE ON THE JOB.
>> BETWEEN 5 - 7 MEN, CREW MYSELF.
>> SO YOU HAD SIX MEN ON THAT JOB?
>> THAT DAY YES. >> SIX MEN TO CUT DOWN THE ONE
TREE? >> YES WE CUT DOWN MORE THAN
JUST THAT TREE. >> NOT ON THIS PROPERTY.
>> ON YOUR PROPERTY WE CUT DOWN MORE THAN JUST THE TREE.
>> I DON'T SEE HOW SIX MEN WOULD BE NEEDED TO CUT THAT ONE TREE
DOWN. >> IT'S MORE THAN JUST WHAT DO YOU SAY CUT THE TREE IT'S MORE THAN JUST CUT THE TREE, WE HAVE TO LOADED UP AND CARRY IT OUT OF THERE TO.
IT'S MULTIPLE THINGS THAT WE DO WHEN WE COME TO THE LOT.
WE HAVE TO PICK UP THE PAPERWORK, WHEN YOU GO TO THE LOT WE PICK UP THE PAPER, THE SECOND THING MAKE SURE THERE'S NO GLASS BEFORE WE START, THE THIRD THING WE REMOVE ALL UNNECESSARY MATERIAL TIES, WHATEVER, WHATEVER, THEN WE START THE PROCESS OF CUTTING DOWN THE TREE, UPLIFTING AND TRYING TO GET THE PROPERTY IN ORDER SO YOU CAN GET OUT OF CODE VIOLATION. IT'S MORE THAN JUST CUTTING DOWN
THE TREE. >> YOU SAID THAT YOU REMOVE THE BICYCLE TIRES IN THE COOLER IN THE TENT FROM THAT PROPERTY.
>> I THINK I DID, YES. >> THERE IS NO ACTION FOR YOU TO
BE PAID FOR THAT. >> WHAT DID YOU SAY?
>> THERE IS NO ACTION IN THERE FOR YOU TO BE PAID FOR THAT JOB.
>> WHEN DID YOU REMOVE THE BICYCLE TIRES AND COOLERS.
>> HOLD ON. >> WHAT DID YOU SAY SIR.
THE DATA WE CAME TO CLEAN THE PROPERTY UP.
>> WHEN WE DO THE PROPERTY WE CUT IT UP AND WILL STACK IT UP IN THE NEXT DAY I COME IN WITH MY OTHER TRUCKS AND TRAILERS AND WE LOAD UP THE DEBRIS AND MOVE IT OFF YOUR PROPERTY.
>> WHAT DATE DID YOU START THE TREE TRIMMING.
IT WAS COMPLETED ON JUNE 12, THAT MAY HELP YOU.
>> YOU STARTED ON JUNE 10. >> I'M NOT GOING TO SAY ONE
THING BECAUSE IT'S BEEN SO LONG. >> SOMEWHERE IN THE AREA.
>> SPECIAL MAGISTRATE AND GOING TO ASK BOTH GENTLEMEN TO STOP
[01:05:02]
TALKING OVER EACH OTHER. WE DO HAVE TO MAKE A RECORD.MR. BRUNSON, PLEASE LET HIM FINISH A QUESTION, MR. MCCABE PLEASE LET HIM FINISH AN ANSWER. THANK YOU.
>> YOUR STATE APPROXIMATELY JUNS JOB?
>> YES. >> AND YOU COMPLETED ON JUNE 12.
>> ANYTHING FURTHER? >> I DON'T THINK SO.
>> HOLD ON UNTIL THEY FINISH. >> AND I SEE THAT FOR A MINUTE.
>> MR. BRUNSON, I WANT TO CLARIFY SOMETHING WITH YOU.
DO YOU RECALL IF YOU WENT TO THIS PROPERTY ON MULTIPLE OCCASIONS TO DO WORK? AND IF THE CITY ASKED YOU TO DO ADDITIONAL WORK BECAUSE ENOUGH WAS NOT DONE?
DOES THAT SOUND FAMILIAR? >> REPEAT THE QUESTION AGAIN.
>> IT'S WINDY I CAN HARDLY HEAR YOU.
>> DO YOU RECALL IF YOU WENT ONTO THE PROPERTY TO DO WORK.
>> EXCUSE ME ARE YOU A LAWYER? >> YOU ARE OUT OF ORDER.
IF YOU WANT TO ASK HIM A QUESTION?
>> EXCUSE ME. >> YOU MAY PROCEED.
>> A YES OR NO QUESTION IS NOT LEADING.
THAT IS THE ANSWER TO YOUR QUESTION.
>> MR. BRUNSON, DO YOU RECALL WHETHER YOU WENT OUT TO THE PROPERTY TO INITIALLY DO WORK AND IF THE CITY ASKED YOU TO DO
[01:10:01]
ADDITIONAL WORK BECAUSE ENOUGH HAD NOT BEEN DONE TO THE PROPERTY, DO YOU RECALL IF THAT HAD OCCURRED.>> HAS THAT EVER OCCURRED. >> DO YOU RECALL SPECIFICALLY OCCURRED WITH THIS PROPERTY FOR THIS BID?
>> HONESTLY I CAN'T REMEMBER, I'M NOT GOOD IS IT HERE AND TELL YOU A LIE. IT'S BEEN SO LONG I CANNOT
REMEMBER. >> IF THAT'S FINE YOU CAN'T RECALL, THAT'S A LEGITIMATE ANSWER.
GIVE ME ONE SECOND. >> SPECIAL MAGISTRATE IF WE CAN PASS THIS, MS. VANDER HORSES GOING TO TALK TO YOU OUTSIDE ABOUT RESOLVING THIS OUTSIDE OF THIS HEARING.
IF WE COULD PAUSE AND MOVE TO THE NEXT CASE AND SHE'S GOING TO
HAVE A CONVERSATION. >> I WANT TO POINT OUT ONE OBSERVATION THAT I HAVE MADE SO YOU ALL CAN TAKE THAT INTO CONSIDERATION. THE CASE WAS INITIATED AUGUST 30, 2022. THEY INSPECTED THE PROPERTY SEPTEMBER 20, 2022 SEPTEMBER 21 DUE TO NONCOMPLIANCE, THE% PROPERTY WAS PLACED ON THE BID LIST.
OCTOBER 12, 2022 PORTIONS OF THE GRASS WERE CUT BUT THE TREE CONTINUE TO BE OVERGROWN. NOVEMBER 30, 2022, A FRIENDLY LETTER SENT OUT REMINDED THE OWNER THAT THE PROPERTY CONTINUE TO BE IN VIOLATION AND TO TRIM THE TREE AND CUT ALONG THE FENCE. THAT WAS NOVEMBER OF 2022, JU JUNE 12, 2023, THE PROPERTY WAS CUT BY THE CITY CONTRACTORS.
YOU ALL GO OUTSIDE AND DISCUSS WHAT YOU NEED TO, THOSE ARE SOME
OBSERVATIONS THAT I HAD. >> CAN WE DISMISS HIM?
>> YES. >> FOR NOW IF WE NEED TO CALL
WANT TO SAY HANG UP ON HIM BUT. >> I AGREE COUNSELOR.
>> I WILL CHOOSE TO END THE CALL NOW.
THANK YOU MR. BRUNSON. MR. BRUNSON HAS LEFT.
>> NEXT CASE MADAME CLERK. >> YES, MA'AM.
SIX A TO START? >> WHOEVER IS HERE.
>> THERE ARE SOME PEOPLE THAT HAVE BEEN SITTING IN HERE ALL
AFTERNOON. >> WHO DO WE HAVE LEFT THAT
NEEDS TO GO? >> CAN I ASK YOU WHAT IS YOUR ADDRESS? [INAUDIBLE]
[B. 23-2688 PK Gulfstream Beach Access William McCarthy Michael Rabenecker]
>> WERE ALL OF YOU HERE IN THE BEGINNING TO BE SWORN IN?
[INAUDIBLE] >> LET'S DO FOR BE REAL QUICK.
>> ALRIGHT MR. MCCARTHY, 23-2688 GULFSTREAM BEACH ACCESS WILLIAM
MCCARTHY. >> SIR, WERE YOU SWORN IN
>> WHENEVER YOU ARE READY. >> GOOD MORNING YOUR HONOR, GOOD AFTERNOON. MY NAME IS MICHAEL I AM EMPLOYED BY THE PARK ENFORCEMENT SPECIALIST.
BEFORE YOU IS CASE NUMBER 23-2688 A PARKING VIOLATION AT GULFSTREAM BEACH ACCESS, THE CASE WAS INITIATED ON SEPTEMBER 10, 2023, THIS IS A CITATION APPEAL, THE ORDER THE VEHICLE CAME BACK AS WILLIAM MCCARTHY, THE CITATION NUMBER WRITTEN AS TWO 3A PARKING VIOLATION OF CITY ORDINANCE 34-31E PROHIBITED PARKING AT ALL TIMES, THE CITY IS ASKING THAT A $50 FINE BSS, $10 REGISTRATION FEE FOR A TOTAL OF $60.
THE CITY REQUEST THAT THE SPECIAL MAGISTRATE FIND THE VIOLATION EXISTED VIOLATED BE ALTERED TO DO TWO THINGS.
THE VIOLATOR BSS DEFINED IN THE AMOUNT OF $60 AND FAILURE TO PAY A FINE WITH THE CITATION OF THE COUNTY COURT SYSTEM.
I HAVE PHOTOS OF TIMESTAMP AND ACCURATELY PORTRAY THE
VIOLATIONS I WITNESSED. >> HAVE YOU HAD A CHANCE TO SEE
THE PHOTOGRAPHS ARE? >> HAD A CHANCE TO SEE THE
PHOTOGRAPH. >> CAN WE SHOW THEM PLEASE.
[01:15:33]
>> ANY OF THOSE PHOTOGRAPH YOU BELIEVE IS LEGALLY INACCURATE?
>> NO. >> AT THIS TIME THE CITY WILL MOVE THE PHOTOGRAPHS AS COMPOSITE ONE.
>> IT WILL BE ADMITTED AS SUCH. >> MR. RABENECKER ANYTHING
FURTHER? >> HOW DO YOU RESPOND TO THE ALLEGATIONS CRYMAC HOW DO I RESPOND, BOTH MY WIFE AND I WERE THERE THAT DAY WE ARE BOTH LAW-ABIDING CITIZENS I HAVEN'T HAD A PARKING TICKET MY LIFE, I CLEARLY DID NOT SEE THAT OR I WOULD NOT OF BEEN PARKED THERE. I HAVE SOME SHOTS ON MY PHONE, I GUESS I SHOULD'VE PRINTED SOMETHING OUT BUT IT SHOWS WHAT I SAW AFTER I MOVE MY CAR, THIS THING IS COMPLETELY COVERED OVER ALMOST WITH SAND. YOU CANNOT TELL FROM THE PICTURES, THE PICTURES LOOK A LOT CLEARER THAN WHAT I HAVE ON MY PHONE. I DON'T KNOW WHY THERE'S NOT A SIGN UP THERE, WHY DON'T THEY PUT A SIGN, NO PARKING BY THE
SHOWER. >> IF YOU HAVE PHOTOGRAPHS THAT YOU WOULD LIKE TO SHOW, MR. IS GOING TO RUN OVER TO OPERATE THE PROJECTOR, THERE IS AN OVERHEAD PROJECTION IF YOU WOULD LIKE TO PUT YOUR PHONE ON THE TABLE THAT CAN PROJECT ANY EVIDENCE THAT YOU WOULD LIKE THE SPECIAL MAGISTRATE TO VIEW.
>> BOBBY IS TAKING CONTROL. OKAY.
>> WHAT A Y GOT A DO. >> MS. KIRKLAND'S GOING TO HELP
YOU. >> TO YOUR RIGHT AND DOWN.
>> DO YOU WANT TO SCROLL TO ANY OTHERS.
>> THERE'S ONE BUT IT'S BASICALLY THE SAME THING.
>> HERE'S THE BOTTOM LINE, FIRST WHY EVEN GET A PARKING TICKET, I'M LIKE THIS IS RIDICULOUS NOTHING IS POSTED.
I ENDED UP LEAVING AND I WASN'T REAL HAPPY ABOUT IT.
SO I SAID THAT IS RIDICULOUS THERE HAS TO BE SOMETHING THERE SO I RETURNED THE NEXT DAY TO TAKE THESE PICTURES AND THIS IS BASICALLY THE VIEW FROM ME BACKING UP, I'M STILL ALONG THE SHRUB LINE SO THIS IS WHAT YOU SEE IS THAT, NOTHING BUT SAND.
>> ANYTHING FURTHER? >> NO YOUR HONOR.
>> I DON'T HAVE ANY QUESTIONS FOR HIM.
I JUST WANT TO CLARIFY WITH RABENECKER I DON'T KNOW IF YOU HAVE ANYTHING ELSE YOU WANT TO SAY.
>> IF YOU CAN SCROLL THROUGH THE REST OF THE PICTURES, THE PARKING IN THIS LOT IS ONLY ON THE SIDE.
THIS AREA THAT IS BLACKED OUT IS FOR THE HANDICAP.
>> BOBBY CAN WE GO BACK TO PEGGY'S SCREEN? TALKING TO THE MAN IN THE BACKROOM CONTROLLING THINGS.
THERE WE GO. >> MR. RABENECKER, MY QUESTION FOR YOU, SEE PARKED IN A ZONE THAT IS STRIPED.
>> NO THAT IS NOT A LEGALLY PARKED SPOT.
>> IT'S MARKED WITH STRIPES INDICATING.
>> PROHIBITED PARKING. >> CORRECT.
>> LIKE I SAID YOU SEE THAT PICTURE AND IT'S REAL NICE FROM THAT SIDE OF THE CAR BUT IF YOU LOOK AT IT FROM WHAT I SAID ME PULLING IN, YOU CANNOT SEE THAT. I AM LOOKING AT THE BUSH LINE, I'M NOT LOOKING DOWN ON THE GROUND AND I DON'T SEE ANY SIGN
IN FRONT OF ME. >> WE PULLED IN AND EXITED THE CAR AND WENT TO THE BACK OF THE CAR GRABBED OUR STUFF, COOLERS, CHAIRS, UMBRELLAS, WERE NOT LOOKING ON THE GROUND, YOU KNOW.
I'M SURE I'M NOT THE ONLY PERSON THAT'S EVER GOTTEN TICKETED
HERE. >> YOU CAN'T SEE THE ON THE
GROUND? >> NOT WHEN I'M PULLING OUT, I'M LOOKING AT THE SHRUB LINE TRYING TO STAY OVER AS FAR AS I CAN TO EVERYBODY ELSE CAN BACK OUT OF THEIR WITHOUT HAVING A PROBLEM.
>> IT LOOKS CLEAR TO ME THAT THE YELLOW LINES ARE THERE.
THAT DOES ME NO PARKING IN THIS COUNTY IN THE STATE OF FLORIDA.
[01:20:06]
ANYTHING FURTHER? >> NOTHING FROM THE CITY.
>> BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT WILLIAM MCCARTHY VIOLATED CODE SECTION 34-31E PROHIBITED PARKINGAT ALL TIMES, I WILL IMPOSE A $50 FINE AND ATTEND OTHER ADMIN FOR $60 PAYABLE IN 14 DAYS IT COULD RESULT IN A TICKET OVER TO THE COUNTY COURT SYSTEM WHERE YOU COULD INCUR ADDITIONAL FEES AND COSTS, YOU SHOULD HAVE 30 DAYS TO APPEAL.
>> THANK YOU YOUR HONOR. >> YOU'RE WELCOME.
>> SEE YOU LATER. >> NEXT CASE.
>> SHOULD REDO THE COUPLE IN THE FRONT?
WHAT ADDRESS ARE YOU HERE FOR. >> THAT IS GOING TO BE HEATHER I
BELIEVE. >> WOULD HAVE TO TEMPORARILY
>> THE WITNESS FOR THE STATE IS NOT HERE RIGHT NOW SO WE HAVE TO HOLD YOU A LITTLE BIT LONGER, SORRY ABOUT THAT.
>> WE ARE ALL GOING TO BE AT THAT LEVEL PRETTY SOON.
[A. 18-1548 416 Avenue D CEDAR PLACE LLC Peggy Arraiz]
>> I HAVE BOTH OF THE SPECIAL MAGISTRATE.
>> WHAT CASES THIS. >> THESE ARE TWO LIEN REDUCTIONS BEFORE YOU TODAY. WE WILL READ ONE AT A TIME THE FIRST ONE IS 416 AVENUE D, THIS IS CASE 18-1548, 416 AVENUE D OWNED BY CEDAR PLACE LLC AND BEFORE YOU FOR A LIEN REDUCTION.
>> BEFORE YOU GO FORWARD, CAN I ASK, I KNOW THERE WAS A QUE
QUESTION. >> YOU OWN THIS ONE?
>> YES. >> YOU HAVE A DEED FOR THIS?
>> YES. >> THIS CASE WAS ORIGINALLY CITED FOR CODE SECTION 1646, 48 TENET D NOT OPERABLE VEHICLE.
BACK IN 2018 SPECIAL MAGISTRATE ROSSI FOUND THE ORDER IN VIOLATION EVERYBODY 20 DAYS TO COMPLY OR $50 A DAY.
ON SEPTEMBER 26, 2028 IS WHEN THE FINE STARTED.
FABRIC 262019 THE LIEN WAS FILED, SIGNED AND FILED, NOTICES WERE SENT TO THE OWNER AND I'M REFERRING ALL OF THIS TO THE PRIOR OWNER OF THE PROPERTY. ON OCTOBER 14, 2020 IS WHEN THE FINDS WERE STOPPED AND AFFIDAVIT OF COMPLIANCE WAS ISSUED, THIS PROPERTY WAS RECENTLY PURCHASED BY A NEW OWNER WHO IS HERE TODAY CEDAR PLACE LLC. AND WE RECEIVED THE REQUEST FOR REDUCTION ON SEPTEMBER 22. THE FINDS ACCUMULATED $37497.
>> IT'S MR. CHESTER. >> MR. CHESTER HAS REQUESTED A FULL WAIVER OF ALL OF THE COST, THAT IS HIS REQUEST IN FRONT OF
>> ANYTHING FURTHER? >> I STILL HAVE TO DO MY
>> BASED ON OUR REVIEW IS THE FILE IN THE INFORMATION PROVIDED BY THE REQUESTER. STAFF WAS NOT ABLE TO PROVIDE SUFFICIENT EVIDENCE FOR A RECOMMENDATION BELOW THE AUTHORIZED AMOUNT OF $5000. WE DO HAVE THE CRITERIA I
THOUGHT. >> DID YOU GO THROUGH YOUR
CRITERIA? >> AND PULLING OF THE SEVEN CRITERIA. THANK YOU.
>> THE GRAVITY OR THE SERIOUSNESS OF THE VIOLATION WAS
MINOR. >> IT WAS NON- VEHICLE, THE ACTION TAKEN BY THE VIOLATOR, THE VIOLATIONS THAT WERE CORRECTED THE VEHICLE WAS REMOVED BUT IT TOOK TWO YEARS TO DO IT, THE NUMBER OF TIMES A VIOLATOR WITH THE VIOLATION DENIED REFERRING TO THE PRIOR OWNER, WE KNOW THERE IS 17 SEPARATE LIENS ON DIFFERENT PROPERTIES THE PRIOR OWNER WAS
MR. CUSHING. >> WHETHER THERE WAS EXTENUATING FACTORS, THERE WAS NOT ANY AVAILABLE FOR US TO IDENTIFY AND AS PENDING VIOLATIONS UNFORTUNATELY BECAUSE OF THE SITUATION THERE ARE MULTIPLE VIOLATIONS ON MULTIPLE PROPERTIES THAT ARE STILL PENDING.
THE BOTTOM LINE WE HAVE A NEW OWNER OF THE PROPERTY HE IS
[01:25:05]
REQUESTING REDUCTION OF THE LIEN WHICH IS 30490.SPECIAL MAGISTRATE YOU HAVE A WIDE PURVIEW ON WHAT TO CHOOSE TO DO, STAFF HAS LIMITED ITEMS TO ADDRESS AND WE WERE NOT ABLE
TO FIND A REASON BELOW THE 5000. >> D OF THE ADMINISTRATIVE COST?
>> I KNOW THEY WERE DRAFTED AND SENT TO THE CLERK BUT I DO NOT
HAVE THEM. >> WE NEED THE ADMINISTRATIVE COST TO TELL THE SPECIAL MAGISTRATE WHAT YOUR HARD COST OR SHE CANNOT REDUCE THESE BELOW THE HARD COST.
>> I HAVE THEM ON MY COMPUTER. ARE THEY ON HERE?
>> DONE OF THESE EXHIBITS ARE HERE.
I BELIEVE THIS IS THE ONLY ONE THAT IS IN THEIR.
>> NONE OF THESE ARE THE EXHIBITS.
>> I E-MAILED YOU THREE EXH EXHIBITS.
>> THAT IS 49. >> I HAVE THE ADMIN COST ON MY COMPUTER BUT I DON'T HAVE THE EXHIBIT RIGHT NOW.
>> CAN YOU GIVE US THE ADMIN COST AND WE CAN SUPPLEMENT THAT
INTO THE RECORD AT A LATER DATE? >> WHAT PROPERTY IS IT, THIS
>> SPECIAL MAGISTRATE THE ADMINISTRATION COSTS CAME TO
$1685.26. >> WHAT IS THE AMOUNT AGAIN.
>> $1685.26. >> DOES NOT INCLUDE THE 250
APPLICATION FEE? >> IT DOES NOT.
>> THE ADMIN COST PLUS SITUATED $50.
>> LET ME MAKE SURE I GOT THE RIGHT ONE THAT WAS A DIFFERENT
CASE, THIS DOES INCLUDE THE 250. >> THERE WERE TWO FILES FOR THIS PROPERTY ONE FROM 2015 AND THIS ONE FROM 2018.
I'M SORRY I OPENED THE 2015 CASE.
FOR THE CASE 2018 OPEN ON JU JUNE 1, 2018 IT WAS COMPLIED 10142020 WHICH IS A TOTAL OF 28 THE 28 MONTHS COMBINED WITH A HARD COST INCLUDED THE $250 FOR TODAY'S HEARING IS $2378.79.
>> WARMER TIME $2300.79. OF THAT $1400 IS BASED ON THE 21 BUT HER 28 MONTHS BEING OPEN. THE REMAINDER ARE FOR MAILINGS, POSTINGS, CITY ATTORNEY TIME, THE APPLICATION FEE, $250.
>> HOW DO YOU RESPOND. >> IN THIS PARTICULAR CASE AS SHE STATED I WAS NOT THE OWNER AT THAT PARTICULAR TIME.
IN REGARDS TO THE BREAKDOWN ITSELF IS IT POSSIBE WE COULD
RECEIVE A COPY OF THAT? >> SHE HAS ON HER COMPUTER RIGHT NOW IF YOU WOULD LIKE TO LOOK AT IT.
ALSO WHAT WE ARE GOING TO DO IS PRINTED AND POSTED ON THE AGENDA AS A SHEET BUT SHE CAN SHOW YOU RIGHT NOW.
>> ALSO FOR CLARITY IN REGARDS TO THE HARD COST ITSELF IN THE
[01:30:02]
ROLE OF THE SPECIAL MAGISTRATE IS SHE IN THE POSITION TO BRINGTHAT DOWN TO ? >> THE RULE FOR THE PROCEDURE OF THE SPECIAL MAGISTRATE 15D1 SS FOR LIENS IMPOSED PURSUANT TO 162.9, THE SPECIAL MAGISTRATE MAY REDUCE, LET ME START OVER, D SAYS THE SPECIAL MAGISTRATE DETERMINED TO BE APPROVED IN THE FOLLOWING CONDITIONS ARE MET THEY MAY ORDER THE DEPARTMENT WANTS AN ISSUE IN LIENS IMPOSED PURSUANT TO FOR THE STATUTE 162.9 AND THE REDUCED AMOUNT THAT IS NO LESS THEN THE MINISTRY OF COSTS FOR PROCESSING THE CASE PLUS $250 APPLICATION FEE. SO SHE CANNOT REDUCE IT LOWER THAN THE ADMINISTRATIVE COST PLUS $250 FOR THE APPLICATION
FEE. >> IN REGARDS TO MONTHS OPEN, IS THAT EQUIVALENT TO A RUNNING LEAN, JUST FOR CLARITY.
>> I NEED MR. FRACE TO ANSWER THAT QUESTION FOR YOU.
>> FIFTY DOLLARS FOR 28 DAYS, THE REASON I'M ASKING I WANT TO KNOW IF THAT IS SOMETHING THAT CAN BE WAIVED ALSO.
>> I'M GOING TO LET MR. RAY'S ANSWER THAT FOR YOU.
>> I APOLOGIZE I WAS WORKING ON BECAME.
>> IN REGARDS TO THE MONTH OPENED THE $50 FOR 28 IS NOT% CONSIDERED AN ADMINISTRATIVE COST.
>> THAT IS CONSIDERED A SOFT COST.
YES THE SPECIAL SPECIAL MAGISTRATE CAN ADJUST THE $1400.
>> ARE THERE ANY OTHER FEES ON HERE THAT CAN BE ADDRESSED BY
THE SPECIAL MAGISTRATE? >> TECHNICALLY ALL OF THESE FEES CAN BE ADDRESSED BY THE SPECIAL MAGISTRATE EXCEPT THIS ONE.
>> EXCEPT THE $250. >> THEY CAN BE TAKEN UNDER CONSIDERATION. THESE ARE CONSIDERED HARD COST WE PAID FOR THESE AND THE PHOTOGRAPHS AND THE FILING FEES, ET CETERA. TRADITIONALLY THIS IS THE COST, POINTING AT THE 1400 MONTHS OPEN IS WHAT I AM SHOWING HIM, THAT IS ONE TRADITIONALLY CONSIDERED BY THE SPECIAL MAGISTRATE AT A
SOFT COST. >> 2370 IS THE TOTAL, 1400 IS
WHAT CONSIDERED SOFT COST. >> THANK YOU.
>> DOES THAT MAKE SENSE. >> YES.
>> TO BE HAVE ANY OTHER QUESTIONS.
>> YES WOULD YOU BE SO KIND TO ADDRESS THE 1400 IT WOULD BE REALLY NICE THAT WE COULD COVER THE REMAINING, I DO RECOGNIZE THAT THE CITY HAS PUT IN THEIR WORK AND THEIR EFFORTS TO MANAGE AND MAINTAIN THIS FILE AND AS THE NEW OWNER I RECOGNIZE THAT I DO TAKE ON SOME OF THE LIENS AFFILIATED WITH IT.
I WOULD BE HAPPY TO PAY THE REMAINING OUTSIDE OF THE $1400.
>> WHEN DID YOU PURCHASE THE PROPERTY.
>> 2023. >> DID YOU DO A TITLE SEARCH ON
IT? >> YES WE DID RECEIVE A TITLE
SEARCH. >> NO LIEN SHOWED UP QUESTION
MAKE. >> THE LIENS DID SHOW UP IN THIS PARTICULAR PROPERTY AND IN THIS PARTICULAR CASE THERE IS A BIGGER PICTURE TO THE STORY BUT IF YOU WOULD LIKE TO HEAR IT BECAUSE IT'S GOING TO BE A SECOND HEARING THAT WE HAVE
TODAY 4409 CEDAR PLACE AS WELL. >> HOW MUCH DID YOU PAY FOR THE
PROPERTY. >> IN REGARDS TO THIS OVERALL PURCHASE IT IS TWO DIFFERENT LOTS.
>> THIS PARTICULAR PIECE. >> I BOUGHT IT TOGETHER WITH 409
CEDAR PLACE. >> , DID YOU PAY.
>> OUT OF POCKET WHAT I SPENT AT CLOSING IS $30000.
>> ON TWO PIECES OF PROPERTY? >> $30000.
>> IN THE LIEN SHOWED UP AT THE TIME?
>> CORRECTED THE LIENS DID SHOW UP.
>> I RECOGNIZE IT'S THE BUYER BEWARE SITUATION AND IF YOU DON'T MIND I WOULD LIKE TO SPEAK ON THE BIGGER PICTURE HERE.
IN THIS PARTICULAR CASE 409 CEDAR IN 416 AVENUE D HAS RECEIVED LIEN VIOLATIONS SINCE 2009.
IN THIS PARTICULAR CASE THOSE TWO PROPERTIES HAVE HAD A DIRECT IMPACT ON OUR COMMUNITY, 409 CEDAR IN ITSELF IN THE PAST THREE YEARS HAS RECEIVED OVER 100 PHONE CALLS FROM THE POLICE DEPARTMENT, IT WAS NOTHING THAT COULD BE DONE WITH THIS PROPERTY SO WE PERSONALLY AS A GOOD SAMARITAN I WANTED TO MAKE A CHANGE IN OUR COMMUNITY. I WENT AND PURCHASED THE
[01:35:02]
WANTED TO DO, I KNOCKED ON THE DOOR BECAUSE IT WAS THE CENTER FOR DRUG DEALERS AND DRUG ADDICTS, I EVICTED THEM, I BOARDED AT THE PROPERTY AND I HAVE PLANS ON TEARING IT DOWN, I CLEAN THE LOTS I HAVE THE PICTURES HERE, IT'S ALL BOARDED UP AND TO BE PERFECTLY HONEST, THE NEIGHBORS ARE HAPPY AND I RECOGNIZE IT IS A BUYER BEWARE SITUATION BUT WHEN IT COMES TO A SITUATION LIKE THIS ESPECIALLY A PROPERTY BEING IN THIS CONDITION FOR 14 YEARS I THINK MY EFFORTS SHOULD BE APPLAUDED.>> I WANTED TO MAKE A CHANGE AND I DID AND I RECOGNIZE IT.
BUT AGAIN IT WAS EITHER CONTINUE TO ALLOW OUR COMMUNITY TO LOOK THIS WAY OR DO SOMETHING ABOUT IT.
I DECIDED TO DO SOMETHING ABOUT IT BECAUSE I SEE THE DEVELOPMENTS AND WHAT'S TAKING PLACE IN THE CITY OF FORT PIERCE AND I SEE HOW HARD THE CITY IS WORKING TO REDEVELOP THE CITY BUT I THINK MANY FIND WOULD BE A FORM OF A PUNISHMENT FOR SOMEONE
TO TAKE AN ACTION. >> BUT YOU KNEW THEY EXISTED
WHEN YOU BROUGHT THE PROPERTY. >> CORRECT, RIGHT NOW IN THE CITY OF FORT PIERCE THERE ARE NOT ANY PATHWAYS IN PLACE FOR PROPERTIES THAT HAVE LIENS ON THEM, THAT'S WHY MANY OF OUR PROPERTIES HAVE REMAINED IN SUCH UNDESIRABLE CONDITIONS AS WELL BECAUSE AGAIN WITH THE LIENS IN PLACE YOU CANNOT GET MORTGAGES OR YOU CANNOT GET LOANS TO BUY THE PROPERTIES.
APPARENTLY SOMEBODY HAS TO TAKE PLACE, AS YOU CAN SEE LIENS HAVE BEEN OCCURRING SINCE 2009 AND THE SELLER HAS NOT DONE ANYTHING ABOUT IT. TO BE HONEST WITH YOU THE PROPERTY OWNERS DO NOT CARE ABOUT THE LIENS ITSELF.
BUT AS A PERSON WHO LIVES IN THE COMMUNITY WHAT DO I DO THAT HERE AND ALLOW THIS PROPERTY TO DETERIORATE, CONTINUE TO MESS UP THE VALUES OF THE COMMUNITY, ALLOW THE DRUG DEALERS TO READ IT OVER. AGAIN I WOULD LIKE TO SUBMIT FOR YOUR RECORDS, HERE IS TO COMMUNICATION TO THE 911 POLICE DEPARTMENT FOR THE PAST THREE YEARS, THE POLICE HAVE BEEN CALLED HERE FOR DOMESTIC VIOLENCE, WARRANTS, ANIMAL COMPLIANCE, DISTURBANCE, LARCENY, FRAUD, DOMESTIC, SICK, OVERDOSE, CARDIAC ARREST. SOMEBODY HAS TO DO SOMETHING.
AND I AM THE PERSON THAT DID DO SOMETHING.
>> AND YOU GOT A TREMENDOUS FINANCIAL BENEFIT FROM IT.
>> A TREMEDOUS FINANCIAL BENEFIT?
>> FOR THE COST TO BE PAID FOR IN MY OPINION.
>> WHAT WOULD BE THE FINANCIAL BENEFIT.
>> I'M NOT HERE TO GIVE YOU ADVICE I'M JUST TELLING YOU WHAT
I SEE. >> I BROUGHT UNDER BOUGHT PROPERTY ATTACKS ELSEWHERE LITTLE OF NOTHING.
YOU DID YOUR RESEARCH AND YOU KNEW THERE WAS A LIEN WHEN YOU
BOUGHT IT ON BOTH OF THEM. >> CORRECT.
IN MY POSITION TO GIVE YOU A BETTER UNDERSTANDING OF MY PERSPECTIVE I WAS BORN AND RAISED IN THE CITY OF FORT PIERCE. AGAIN I WANT TO SEE A BETTER FORT PIERCE AND FOR THE PAST 14 YEARS THIS PROPERTY, AGAIN IS THE EPICENTER OF VIOLENCE AND TROUBLE AND EVERYTHING ELSE.
HOW LONG DO WE ALLOW AND WHEN I'M SPEAKING OF ALSO SPEAKING ON BEHALF OF A REAL ESTATE BROKER I'M A REAL ESTATE BROKER AND THEY SEE THE IMPACT THAT HOMES LIKE THIS HAVE ON THE NEIGHBORHOODS, THE VALUES IN THE COMMUNITY.
HOW LONG DO WE SIT AROUND AND ALLOW IT TO HAPPEN.
FROM WHERE I'M STANDING TODAY, IS EITHER THE CITIZENS ARE GOING TO DO SOMETHING ABOUT IT OR IT'S NOT GOING TO GET DONE NOTHING WILL GET DONE AT ALL BECAUSE AGAIN FOR THE PAST 14 YEARS THE CITY HAS DONE ALL THEY CAN DO TEY CAN PUT FINES ON IT, THAT IS FAIR BUT THE FINES ARE ONLY MEANINGFUL TO SOMEBODY WHO CARES
>> ANYTHING FURTHER. >> I REALLY WOULD LIKE YOU TO CONSIDER IT. AND DONE HERE IN THE CITY OF
FORT PIERCE. >> YOU DON'T HAVE TO KEEP
REPEATING YOURSELF. >> I GREW UP IN A LITTLE TOWN
CALLED GIFFORD FLORIDA. >> I'M FAMILIAR WITH IT.
>> YOU HAVE A TREMENDOUS FINANCIAL ADVANTAGE HERE.
>> HOW MUCH ARE YOU ASKING FOR. >> WE ARE FAMILIAR WITH THE FACT THAT THIS WAS A MINOR VIOLATION AND IT WAS A VIOLATION DO TO THE
[01:40:03]
PRIOR OWNER. THE ADMINISTRATION TOTAL $2370 UP TO $1400 UP IS ON THE MONTH OPEN, TAKING THAT INTO CONSIDERATION, STAFF WOULD RECOMMEND $1800.>> AND SPECIAL MAGISTRATE I WILL MOVE IN ON HIS BEHALF THE COMMUNICATION LOGS RESPOND TO EXHIBIT NUMBER ONE I DID MARKET
FOR HIM. >> IT WILL BE ADMITTED AS SUCH.
>> MR. RAISE THE 1800'S THAT INCLUSIVE OR EXCLUSIVE OF
LITERATURE $50 APPLICATION FEE. >> THAT IS INCLUSIVE IT WAS
CONSIDERED IN THE 2378. >> YOU'RE ASKING THAT IT BE
>> HOW DO YOU RESPOND TO THAT? >> SIR I'M TALKING TO YOU.
>> I WAS THINKING THROUGH THE SCENARIO.
IS THAT MY ONLY OPTION THAT I HAVE AVAILABLE OR IS THAT SOMETHING THAT COULD BE APPEALED AS WELL.
>> ESSENTIALLY MR. RAISE MADE AN OFFER FOR $1800, YOU CAN AGREE TO IT, IF YOU DON'T WANT TO AGREE THE SPECIAL MAGISTRATE WILL DECIDE WHETHER AND IF TO REDUCE THE LIEN SHE COULD LEAVE IT AT THE 37490, SHE CAN TAKE IT DOWN TO THE LOWEST MINISTRY OF COST PERMITTED, YOU DO HAVE THE ABILITY TO APPEAL FURTHER UNDER THE RULES AND THAT WOULD GO TO THE CITY COMMISSION AT THIS
POINT. >> IN REGARDS TO THE ADJOINING
PROPERTY THAT'S ATTACHED TO IT. >> THAT WILL BE SEPARATE.
>> WE WILL DO THAT COMPLETELY SEPARATE.
>> I WOULD LIKE TO HAVE IT ALL ADDRESSED AT THE SAME TIME BENEFITS A SEPARAE HEARING THAT IS FINE.
>> IS IT ON THIS DOCKET. >> IT WILL BE NEXT.
>> DOES THIS GO TO THE CITY? , DOES HE MAKE A REQUEST TO THE CITY OR CAN HE APPEAL TO SOMEPLACE?
>> THERE IS AN APPEAL PROCESS AND GOES TO THE CITY COMMISSION, $2050 APPEAL FEE FOR THAT APPEAL AS WELL AND THE PROCESS IS
>> YES, MA'AM. >> ANYTHING FURTHER SIR?
>> NO I JUST FEEL ANY FINES IMPOSED WILL BE A PUNISHMENT THAT WILL HELP FORWARD THE COMMUNITY.
I THINK WITH THESE FINES BEING ABLE TO GET REDUCED DOWN ESPECIALLY WITH SOMEONE STEPPING IN THAT ROLE TO DO SO IT WOULD BE GREAT TO HAVE THE SUPPORT OF THE CITY IN THAT PARTICULAR SITUATION. AGAIN WE JUST CAN'T IMAGINE WHAT IT'S LIKE TO HAVE TO DEAL WITH THE PROPERTY LIKE THAT FOR THE
PAST 14 YEARS. >> HOW LONG HAVE I BEEN SPECIAL
MAGISTRATE. >> I BELIEVE 18 PLUS YEARS.
>> 18 YEARS I'VE BEEN DOING THIS.
>> YES, MA'AM. >> YOU GOT YOURSELF A STEEL WHEN YOU BOUGHT THE PROPERTY. THERE IS A LEGAL PHRASE CAVEAT,
>> SOME OF THOSE SHOPS WE GO WHEN AND PEOPLE WILL HAVE A SIGN THAT SAYS YOU BAKE IT, YOU PRAY IT, YOU GOT WHAT YOU BARGAINED THANK YOU CAN IMPROVE IT AND DO A LOT WITH YOUR VISION BUT YOU BOUGHT THE PROPERTY KNOWING THE LIEN WAS ATTACHED TO IT.
>> CORRECT, ABSOLUTELY. >> IS MR. CHESTER, DID YOU WANT TO AGREE TO THE $1800 THAT MS. RAY'S ASKED FOR OR NO.
>> THIS IS MY SECOND TIME HERE IN FRONT OF YOU GUYS, I'M NOT SURE THE PROCESS IF I AGREE THAT MEANS I'M PAYING IT AND I CAN
APPEAL. >> IF YOU AGREE TO THAT AMOUNT AS A NEGOTIATED DEAL AND ENDS THERE.
IF YOU WOULD LIKE TO CONTINUE FORWARD AND MS. ROSS IS A SPECIAL MAGISTRATE CAN MAKE THE DECISION.
AGAIN IT COULD REDUCE UP TO THE LOWEST MINISTRY OF COST OR COULD REDUCE AND YOU COULD APPEAL TO THE CITY COMMISSION.
[01:45:07]
>> THE HARD COST WAS GOING TO SAY WHETHER I TALKED TO THE CITY
COMMISSIONER WERE CORRECT. >> THE LOWEST THAT THE SPECIAL MAGISTRATE CAN REDUCE IT UNDER RULE 15 D-1 IS THE MINISTRY OF COST FOR PROCESSING THE CASE PLUS 250 APPLICATION FEE.
>> HOW LONG WOULD YOU GUYS GIVE ME TIME TO PAY THIS?
>> WE WILL WORK WITH YOU, YOU TELL US.
>> THREE YEARS. >> UNFORTUNATELY NO THAT WOULD
EXCEED 12 MONTHS. >> I FIND SOME OF YOUR COMMENTS
TO BE INSULTING. >> DON'T BE SORRY JUST WATCH WHAT YOU'RE SAYING BECAUSE I HAVE THE FINAL SAY SO.
>> ABSOLUTELY. >> IS A YEAR ACCEPTABLE TO YOU.
>> YES, MA'AM. >> $1800 SHE WOULD HAVE A YEAR TO PAY. IF YOU DO NOT PAY AFTER THE YEAR IT WOULD REVERT BACK TO THE $37490 THAT THE BALANCE OF OCTOBER 13, 2023 WHICH I ASSUME IS STILL ACCRUING, IT IS NOT IT
WOULD REVERT BACK TO THE 37490. >> FOR THE RECORD SPECIAL MAGISTRATE, I'M VERY NEW TO THIS AND THAT'S NOT AN EXCUSE BUT MY ANSWERS ARE BASED ON TRYING BUT MY APOLOGIES IF I OFFENDED YOU
IN ANY WAY. >> DON'T WORRY I HAVE CHILDREN
AND GRANDCHILDREN, YOU'RE OKAY. >> I AM SORRY.
>> DO YOU WANT TO ACCEPT THAT OFFER.
>> YES. >> PAID IN 12 MONTH AND HE CAN
APPEAL. >> THERE IS NO APPEAL ON THE NEGOTIATING. IT'S A STIPULATED DEAL.
>> ALRIGHT CALL THE NEXT CASE. >> WE ARE GOING TO CALL YOUR
[B. 09-1414 409 Cedar PL CEDAR PLACE LLC Peggy Arraiz]
>> THE NEXT CASE IS 409 CEDAR PLACE.
>> CAN WE CUT TO THE CHASE AND YOU TELL US WHAT AMOUNT YOU ARE WILLING TO ACCEPT AND SEE IF WE CAN MOVE THIS FASTER PLEASE.
>> THIS ONE HAS THE ADMINISTRATION COST.
>> SHE HAS TO GO THROUGH IT. >> I HAVE TO DO THE SEVEN
CRITERIA. >> YOU DO NOT HAVE TO DO THE SEVEN CRITERIA OF FOUR NEGOTIATED A DEAL, LET'S GIVE HIM HIS DEAL AND SEE IF HER NEGOTIATING AND GETTING OUT
>> THE ADMINISTRATION COST ON THIS ONE ARE QUITE SUBSTANTIAL BECAUSE IT WAS OPEN FOR 12 YEARS SO THE TOTAL ADMINISTRATION COST $8187.29. OF THE $7200 IS BASED UPON THE 12 YEARS THAT THE PROPERTY WAS OPEN AND THE MULTIPLE INSPECTIONS THAT HAD TO BE DONE OVER THAT TIME.
BASED UPON, STAFF WOULD BE AGREEABLE TO A SIMILAR NUMBER OF
1800 WITH 12 MONTHS TO PAY. >> INCLUSIVE OF THE 250.
>> ON THIS $11800.1 YEAR TO PAY, IT'S UP TO YOU IF YOU WANT TO ACCEPT THAT OR WILL DO A FULL-BLOWN HEARING IF YOU DO
NOT. >> FOR THE RECORD THE TOTAL LIEN IS $377,590 AND WERE OFFERING 1800 JUST TO PUT THAT IN
PERSPECTIVE. >> I WILL ACCEPT $1800 FOR ONE
>> SPECIAL MAGISTRATE. IF IT'S NOT PAID IN THAT YEAR IS A 377,590, YOU ARE OKAY WITH THAT SIR.
>> YES, MA'AM. >> SPECIAL MAGISTRATE YOU AGREE.
>> I WILL AGREE TO THE STIPULATIONS.
>> I THINK YOU'RE PRETTY SMART BUT YOU NEED TO WATCH OUT FOR THOSE LIENS AND DO YOUR HOMEWORK WHEN YOU'RE BUYING THE PROPERTY.
>> I'M VERY AWARE AND AGAIN, I FELT IT WAS IMPORTANT TO CHANGE THE NEIGHBORHOOD, AND GET INTO THE PROPERTIES DOWN AND IT WAS A RISK I WAS WILLING TO TAKE. IT IS TIME.
I'M TIRED OF SEEING IT. >> YOU DONE WELL SO FAR.
>> THANK YOU. >> YOU'LL PROBABLY FIX IT UP AND SELL IT FOR A MILLION DOLLARS THE WAY PROPERTY PRICES ARE%
INCREASING. >> THANK YOU SO MUCH YOU HAVE A
TELL US YOUR ADDRESS AGAIN THAT YOU ARE HERE ON.
[A. 22-1091 CE 704 N 13th St Alfredia W Agnew, Linton Agnew (EST) Peggy Arraiz]
>> CAN WE CALL THEM PLEASE. >> I PULLED IT UP.
>> 22-109174 NORTH 13TH STREET ALFREDIA AGNEW AND LINTON AGNEW.
[01:50:07]
>> THANK YOU. >> YOU CAN COME FORWARD.
>> YOU ARE WELCOME TO STAND OR SIT, WHATEVER YOU PREFER.
>> OKAY. I NEED TO STATE FOR THE RECORD I KNOW MS. AGNEW FROM THE NEIGHBORHOOD, SHE IS VERY MUCH
INVOLVED. >> DO YOU BELIEVE YOU HAVE A
CONFLICT? >> NO, NOT WITH HER.
>> NO I JUST WANT TO DISCLOSE IT.
>> WE ARE GOOD TO PROCEED. >> MS. RABENECKER.
>> 22-191474 NORTH 13TH STREET MS. ALFREDIA AGNEW AND LINTON AGNEW ESTATE. THE CASE WAS INITIATED ON MARCH 25 OF 2022 IT WAS FOR IPM SEE DRAINAGE IPM SEE PROTECTIVE TREATMENT. ON OCTOBER 19, 2022 SPECIAL MAGISTRATE PELLETIER FOUND OWNERS IN VIOLATION AND GRANTED THEM 90 DAYS TO COMPLY OR DAILY FINE OF $100.
ON GENERATE 25TH OF 2023 AFFIDAVIT OF NONCOMPLIANCE WAS ISSUED, FEBRILE REFERS TO 2023 AND 20 DAY LETTER SENT TO THE OWNER, JUNE 8 OF 2023 AFFIDAVIT OF PARTIAL COMPLIANCE ISSUED FOR 2023 AFFIDAVIT OF COMPLIANCE ISSUED, OCTOBER 32232ND NOTICE SENT GRANTING 10 DAYS TO REQUEST A HEARING OCTOBER 10, 2020 3A REQUEST FOR HEARING RECEIVED BALANCE OF 102012 IS $22490.
>> ANYTHING FURTHER? >> YES, MA'AM.
>> JUST TO REVIEW THE CRITERIA, THE VIOLATIONS WERE MODERATE AND MAJOR AND THE ACTIONS TAKEN DID FIX THE ROOF AND PAINTED THE STRUCTURES, THERE WERE NO PRIOR VIOLATIONS COMMITTED TO THIS
VIOLATOR. >> I DO NOT HAVE THE FILE.
>> THAT THE ADMINISTRATION COST HERE WE CAN LET THE AGNEW'S LOOK AT. THE ADMINISTRATION COST THERE IS NO TRY TO 50-DOLLAR APPLICATION BECAUSE THIS IS THE MASSEY HEARING NOT A LIEN REDUCTION. THE TOTAL ADMINISTRATION COSTS ARE $1569.29. OF THAT $850 ARE BASED ON THE MONTHS OPEN AS WE EXPLAINED IN THE PRIOR CASE, BASED ON THAT STAFF IS WILLING TO RECOMMEND REDUCING THE AMOUNT, THE FINES DUE TO A THOUSAND 890, STAFF WOULD RECOMMEND TO $1000 OF THE ADMINISTRATION COST AND WE WILL LET THE AGNEW'S TAKE A PEEK AT
THAT. >> WHAT SHE IS WILLING TO DO IS REDUCE EVERYTHING TO $1000 A YEAR TO PAY? A YEAR TO PAY AS LONG AS YOU PAY IT WOULD BE DONE.
IF YOU DID NOT PAY THE THOUSAND DOLLARS WITHIN THE YEAR, WHAT WOULD HAPPEN IT WOULD REVERT BACK TO THE 22490 AND THE LIEN WOULD BE PUT IN PLACE FOR THE PROPERTY ON THE 22490.
>> WITH THE THOUSAND DOLLARS WILL THE LIEN BE TAKEN OFF OF
THE PROPERTY. >> THERE IS NO LIEN CURRENTLY ON
THE PROPERTY. >> ACCORDING TO TD BANK THERE IS BECAUSE I APPLIED FOR MORTGAGE AND THERE IS A LIEN ATTACHED TO
THE CITY. >> WE DEAL WITH TITLE COMPANIES AND MORTGAGE COMPANIES AS SOON THERE IS A RECORDED DOCUMENT THEY IMMEDIATELY SAY THERE IS A LIEN, IT'S A LIEN IT'S A RECORDED DOCUMENT, THAT DOCUMENT DEFINES BUT IT IS NOT A LIEN.
THERE IS A CLOUD ON THE TITLE BUT THERE'S DIFFERENT WORDS FOR DIFFERENT THINGS AND UNFORTUNATELY SOME TITLE COMPANIES SEE A RECORDED DOCUMENT THEY SAY IT IS A LIEN.
IT'S TECHNICALLY NOT A LIEN BUT THERE IS A FINE ON THE PROPERTY AND THE SOONER THAT THIS GETS ADDRESS THE QUICKER WE COULD DO AN AFFIDAVIT OF COMPLIANCE SAYING EVERYTHING HAS BEEN
RESOLVED. >> WHEN I RECEIVED A LETTER OF
[01:55:02]
THE COPY OF THE COMPLIANT. >> YES, MA'AM, IT'LL BE RECORDED SO ANYBODY WHO'S CHECKING THINGS WOULD SEE IT.
>> THIS IS MY GENERAL CONT CONTRACTOR.
>> ON THE BODYGUARD TODAY. >> WERE FAMILIAR WITH MR. WALLER
HE USED TO SIT UP THERE. >> IT'S COMPLETELY UP TO YOU IF YOU WANT TO AGREE TO THE $1000 OR IF YOU WOULD LIKE TO GO FORWARD AND LET THE SPECIAL MAGISTRATE DECIDE WHAT TO DO.
>> SPECIAL MAGISTRATE I WOULD LIKE TO AGREE TO $1000.
>> BASED ON THE STIPULATION WE WILL REDUCE IT TO $1000 AND YOU HAVE ONE YEAR TO PAY. FAILURE TO PAY WILL RESULT IN THIS GOING BACK TO THE ORIGINAL AMOUNT.
>> ONE QUESTION. >> WHAT DEPARTMENT DO I PAY IT
TO. >> THE FINANCE DEPARTMENT.
>> WHERE IS THAT. >> THIRD FLOOR.
>> OKAY. >> YOU WILL BE GETTING THIS IN WRITING AND THEN YOU NEED TO BRING THAT TO THE FINANCE
DEPARTMENT WHEN YOU PAY. >> YOU STILL ACCEPT CHECKS DON'T
>> WE WILL GET THIS PRINTED UP NICE AND SIGNED AND THEN YOU TAKE THAT TO THE FINANCE DEPARTMENT.
>> WILL I RECEIVE SOMETHING IN THE MAIL OR ARE WE GOING TO DO
THAT TODAY. >> WE PROBABLY WON'T GET TO IT TODAY THEY HAVE TO. UP THE ORDERS IN THE HAVE TO COME IN AND SIGN THEM BUT YOU WILL GET THEM SOON.
>> IT WILL COME TO THE MAIL. >> YES.
>> I DON'T DO COMPUTERS. >> THEY DON'T DO ME RATHER.
>> IT COMES IN THE MAIL. >> ALRIGHT.
>> YOU'RE WELCOME. >> YOU ARE GOOD TO GO.
>> OKAY WE'RE GOING TO GO EAT. >> DO WE HAVE A PROPERTY.
>> WHICH ONE DO YOU WANT TO DO FIRST THE CITATION OR THE CODE
CASE. >> I BELIEVE THE CITATION WOULD
BE BEST. >> WE'RE GOING TO DO THE
[A. 23-2251 CT 124 Wisteria Avenue Alberto Granados Heather Debevec]
CITATION FIRST. >> CASE NUMBER 23-225-1124
ALBERTA GRANADOS. >> SPECIAL MAGISTRATE CASE NUMBER 23-2251 FOR 124 WISTERIA AVENUE ALBERTO GRANADOS, THE CASE WAS INITIATED ON AUGUST 4 OF THIS YEAR IT WAS FOR A CITATION 1620 CODE SECTION 2 26/SIX, THE FINE IS $100 OF THE ADMINISTRATIVE FEES, $10 TOTALING $110, THE CITY REQUESTED THAT THE SPECIAL MAGISTRATE FINDS VIOLATION EXIST IN THE TOTAL DUE IS INDICATED ABOVE FAILURE TO PAY SUCH FINE WILL RESULT IN CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS TO SUBMIT.
MISS GRANADOS IF YOU WOULD LIKE TO TAKE A LOOK AT THEM.
>> IT IS FINE. >> AT THIS TIME THE CITY WILL MOVE THE PHOTOGRAPHS IN THE COMPOSITE EXHIBIT ONE.
>> IT WILL BE ADMITTED AS SUCH. >> ANYTHING YOU WANT TO SAY?
>> I JUST WANT TO SAY MY HUSBAND TOLD ME THAT THEY TOLD HIM TO REMOVE THE REFRIGERATOR BUT MY HUSBAND IS ILL HE IS NARROW NEUROPATHY IN HIS HANDS AND ARMS AND HIS LEGS AND I WORK LONG SHIFTS, 12 HOURS A DAY AND WHEN HE TELLS ME I HAVE TO FIND SOMEONE AND PAY SOMEONE TO HELP ME MOVE THE REFRIGERATOR FROM THERE TO THE BACK AND WHEN HE CAME BACK IT WAS NOT MOVED AND I DID NOT KNOW MY HUSBAND DID NOT TELL ME I HAVE TO DO IT TO HAVE TIME. I PAY SOMEBODY TO HELP ME MOVE IT TO PAY $200 WE PAY WE ALREADY CAME AND PAID ONE FINE.
>> HOW MANY FINES DID SHE GET. >> WHAT IT WAS I HAD GONE OUT AND ISSUED EVERY WARNING, THE REFRIGERATOR WAS NOT MOVED IN AS A JUDGMENT WHEN I SIGNED THE WARNING HOW MUCH TIME HE NEEDED I WAS REQUESTING WITHIN 24 HOURS.
I WENT BACK OUT AND ISSUED A SECOND CITATION, IT HAD NOT BEEN MOVED I WENT OUT AND ISSUED, I ISSUED THE CITATION A WARNING A CITATION IN THE SECOND CITATION THE SECOND WAS PAID FOR THIS WOULD'VE BEEN THE FIRST CITATION WHICH WAS NOT PAID AS OF TODAY.
>> ANYTHING FURTHER? >> NO ME HIM.
[02:00:08]
>> THOSE THINGS CAN BE DANGEROUS.
>> I KNOW I UNDERSTAND MY POINT I'M THE ONLY ONE WHO WORKS MY HUSBAND HAS BEEN DISABLED FOR THREE YEARS I DO NOT HAVE NO INCOME, ONLY MINE, I SUPPORT MY TWO GRANDCHILDREN, MY DAUGHTER GOT KILLED FIVE YEARS AGO AND I HAVE MY TWO LITTLE ONE OF MY
>> CHRISTINA IS GOING TO BE NINE IN DECEMBER AND THE BABY WAS SIX AT THE TIME. THEY WERE 18 MONTHS AND FOUR YEARS OLD WHEN SOMEBODY SHOULD MY DAUGHTER IN FRONT OF MY
HOUSE. >> I'M SORRY TO HEAR THAT.
>> THE BOX HAS BEEN MOVE. >> IS BEEN REMOVE SENSE.
I DON'T KNOW IF SHE WENT BACK IT WAS ONLY TIME FOR ME TO DO I'M A WOMAN I HAVE TO FIND SOMEONE TO HELP ME.
MY HUSBAND CANNOT DO ANYTHING YOU JUST GOT OUT OF THE HOSPITAL HE SPENT FIVE DAYS THIS PAST WEEK.
HIS BEEN TOUGH FOR ME. >> CAN I DISMISS THE CITATION.
>> YES. >> YOUR OPTIONS YOU CAN FIND HER NOT IN VIOLATION, YOU CAN FIND HER IN VIOLATION AND FIND $ UP
TO $500. >> IN LIGHT OF HER CIRCUMSTANCES AND ALL HER RESPONSIBILITIES I'M JUST GOING TO SAY THIS, NEXT TIME IF YOU GET ANYTHING FROM CODE, CALL THEM, THEY WILL WORK
WITH YOU. >> I TELL MY HUSBAND, MAKE SURE HE GIVES EVERYTHING TO ME NOT JUST PUT IT SOMEWHERE THAT WAY I
I WOULDN'T DO IT YOU MIGHT GET CHARGED WITH A CRIMINAL CASE.
>> THANK YOU. >> I'M GOING TO DISMISS THIS.
GOOD LUCK TO YOU. IF YOU EVER SEE SOMETHING, I HOPE YOU DON'T, PLEASE GET IN TOUCH WITH WHOEVER WROTE THE CITATION SO WE CAN AVOID THIS. YOU BEEN HERE ALL MORNING, ALL
[B. 14-0097 CE 124 Wisteria Ave Leticia Granados, Alberto Granados Peggy Arraiz]
AFTERNOON. >> THANK YOU, GOOD LUCK.
>> SHE IS ANOTHER ONE. >> THAT ONE IS A LONG ONE.
>> WHAT IS THAT ONE ABOUT. >> ONE SECOND SPECIAL MAGI
MAGISTRATE. >> THAT IS 6B IN YOUR PACKET.
>> THANK YOU. >> HANGTAG CASE NUMBER 1497 THE CASE AT 124 WISTERIA AVENUE OWNED BY LETICIA GRANTED US AND ALBERTO GRANTED US. IT IS IN FRONT OF YOU FOR A MASSEY HEARING BECAUSE THEY WERE THE LUCKY ONES WHERE A LIEN WAS NEVER FILED, THE FINES RAN FOR MULTIPLE YEARS BUT WHATEVER REASONS ON OUR SIDE, THE LIEN NEVER GOT FILED.
WE ARE IN FRONT OF YOU FOR A MASS EVEN THOUGH THE FINES BEGAN
ON MAY 8, 2014. >> THE FINES RAN, THE VIOLATIONS WERE FOR OUTSIDE STORAGE AND PROPERTY MAINTENANCE IN THE FINES RAN FROM 2014 TO SEPTEMBE. OUTSIDE STORAGE WAS THE MAIN ISSUE THROUGHOUT THOSE YEARS. WHEN THE PROPERTY CAME INTO COMPLIANCE AND WE REVIEWED THE FILE WE SAW THE LIEN WAS NOT FILED AND I SENT A SECOND MASSEY NOTICE GRANTING ADDITIONAL TIME TO REQUEST A HEARING WHICH OF COURSE WAS SUBMITTED AN HOUR IN
FRONT OF YOU TODAY. >> THIS LIEN IS $1,000,708.30.
>> A LIEN OR A FINE. >> THIS IS $1,708,030.
>> JUST TO REVIEW THE MASSEY CRITERIA, THE SERIOUSNESS OF THE VIOLATION WAS FAIRLY MINOR WITH OUTSIDE STORAGE WHICH WAS REMOVED AND THE PROPERTY MAINTENANCE ISSUES WERE ADDRESSED, THERE ARE TWO PREVIOUS CODE CASES BOTH OF WHICH ARE COMPLIED. AGAIN I HAVE THE A ADMINISTRATION COST HERE THAT WE CAN PROVIDE MS. GRANADOS TO LOOK
[02:05:09]
AT. 2014, CLOSED I NEED TO PUT MYGLASSES ON. >> IT WAS 115 MONTHS FOR $5750 IN THE MONTHS OPEN FEE, THE TOTAL ESTIMATED COST FOR ADMINISTRATION FEES IS $6314.23. THERE IS NO $250, IT IS NOT A LIEN REDUCTION, IT IS JUST A MASSEY.
THAT DOES INCLUDE ALL OF OUR HARD COST AND SOFT COSTS COMBINED, $6014.23 OF THE 5070 TO $50 IS OUR SOFT COST.
THAT LEAVES ROUGHLY $500 OF HARD COST AND THAT IS WHAT STAFF WOULD BE WILLING TO OFFER AS A REDUCED AMOUNT FROM $1,708,030
TO $500. >> DO YOU AGREE WITH THAT?
>> HOW MUCH TIME DO YOU NEED TO PAY IT.
>> I DON'T KNOW. >> HOW MUCH CAN YOU PAY A MONTH
TOWARDS $500. >> YOU WANT TO GIVE HER UP AT
TWO A YEAR. >> CAN YOU PAY IN THE NEXT YEAR.
>> IF IT'S NOT PAID WITHIN THE YEAR, I WILL GO BACK TO THE
1.7 MILLION. >> PLEASE MAKE SURE YOU PAY IT.
>> I NEVER KNEW WE HAD THIS UNTIL I CAME OVER HERE ABOUT THE REFRIGERATOR, I DID NOT KNOW. I AM SORRY.
I WILL PAY THE $500. >> THANK YOU, GOOD LUCK TO YOU.
>> YOU WILL GET AN ORDER REDUCING TO 500 AND YOU HAVE A
YEAR TO PAY IT. >> THANK YOU SO MUCH.
>> THINK THE CITY. >> THANK YOU.
>> I HAVE A COUPLE REAL QUICK. >> WE HAVE A TELEPHONE.
>> WHAT IS A TELEPHONE ONE. >> CITATION APPEAL.
>> IS IT POSSIBLE TO POSTPONE THAT.
>> WOULD YOU BE AVAILABLE FOR A POSTPONEMENT?
>> I'M NOT SURE IT'S UP TO YOU, DO YOU NOT JUST WANT TO GET IT
>> SPECIAL MAGISTRATE ARE YOU GOOD TO KEEP GOING.
>> I'M HUNGRY I HAVEN'T HAD ANYTHING TO EAT ALL DAY EXCEPT
FOR SOME GRAPES. >> WE MIGHT BE ABLE TO FIND SOME
CRACKERS OR SOMETHING. >> I HAD COURT THIS MORNING.
[C. 23-2713PK 100 Blk Marina Way Mary Ellen Schauber, Edward Stegemeier Michael Rabenecker]
>> DO LIKE GRANOLA BARS. >> WE ARE ALMOST DONE.
>> OKAY NEXT CASE 23 DUST 271-3100 BLOCK MARINA WAY MARY ALLEN AND EDWARD. ONE MOMENT.
>> HELLO. >> HI IS THIS MARY IN OUR COMMISSIONER CHAMBERS FOR SPECIAL MAGISTRATE HEARING THIS AFTERNOON. I DIDN'T RECEIVE THE PHOTOS BECAUSE THERE WAS AN ISSUE WITH THE SIZE, THOSE PHOTOS WERE SENT A COUPLE OF MINUTES AGO TO YOUR E-MAIL.
>> OKAY I WOULD HAVE TO CHECK MY E-MAIL ON MY PHONE.
I WILL DO THAT NOW AND HOPEFULLY NOT LOSE YOU.
MAY I LOOK NOW. >> YES, MA'AM.
>> LET ME TRY. >> HOLD ON I NEED MY GLASSES.
>> I HAVE PLEASE SEE THE ATTACHED RESULTS AND I DON'T SEE AN ATTACHMENT. LET ME SEE HERE I DO NOT SEE
[02:10:06]
ANYTHING ATTACHED. >> YOU DON'T SEE A LINK.
>> PLEASE SEE THE ATTACHED RESULTS THAT IS IN BLUE AND THAT I HAVE YOUR SIGNATURE PAGE, LET ME SEE APPEAR SOMETHING IN SMALL. THAT GOES TO ICLOUD.
>> THAT WOULD BE AT I THINK. >> OPEN IN BROWSER.
>> SIGN IN. SIGN IN THE SECURITY KEY.
>> I WILL PUT MY E-MAIL IN. >> HOW MANY PHOTOS ARE WE TRYING
>> CAN YOU TELL ME WHAT THE PHOTOS ARE.
>> IF WE SET THIS FOR A DIFFERENT DATE WOULD YOU BE AVAILABLE SO WE CAN GET TO THE PHOTOS SO YOU HAVE A CHANCE TO
REVIEW THOSE? >> OKAY, THAT WOULD BE FINE.
>> YOU DON'T LIVE HERE CORRECT? >> I'M IN WILMINGTON, DELAWARE.
>> WHAT WE WILL DO WE WILL GIVE YOU THE NEXT DATE IF THAT'S OKAY AND WE WILL CALL YOU C ON THAT DATE AND MAKE SURE YOU GET THE PHOTOGRAPHS, WE MIGHT HAVE TO BREAK IT UP INTO MULTIPLE E-MAILS IN A PDF THAT WAY YOU CAN GET THEM, DO WE HAVE THE NEXT HEARING DATE TO MAKE SURE SHE'S AVAILABLE FOR THAT DAY?
>> OKAY. >> NOVEMBER 15 AT 130.
>> DOES THAT WORK FOR YOU MA'AM. >> I'M LOOKING RIGHT NOW ONE
MOMENT. >> NOVEMBER 15 AT 130.
>> ARE THESE PHOTOS FROM ALL THE SIGNS FROM THE AREA FROM FRIDAY
FAST. >> I KNOW WHAT THE SIGNS LOOK
LIKE. >> THAT WASN'T THE ISSUE.
>> IT'S UP TO YOU IF YOU WOULD LIKE TO GO FORWARD AND HAVE THE OPPORTUNITY TO LOOK AT THE PHOTOS WE CAN DO THAT.
IT IS UP TO YOU WE USUALLY SEND IT TO EVERYONE AHEAD OF TIME SO THEY CAN SEE THEM BUT IT IS YOUR DECISION.
>> IF IT'S A MATTER OF SHOWING ME THE SIGNS THE CARS HAVE TO BE REMOVED TO 2:00 O'CLOCK I DO NOT NEED TO SEE THOSE I'M AWARE THERE WERE SIGNS I WAS STUCK AT A RESTAURANT WITH NO WAITRESS TO GET ME OUT SO I GET TO MY CAR AND MOVE IT.
>> LET ME ASK STAFF CAN YOU TELL ME WHAT IS IN THE PHOTOGRAPHS I DO NOT KNOW WHAT PHOTOGRAPHS. APPARENLY WE HAVE 28.
>> THAT IS THE BULK OF THE PHOTOS THE SIGNS SHOWING FRIDAY
FAST. >> I'M ASSUMING HER VEHICLE AND
>> I E-MAIL HER THE PHOTOS THAT SHE NEEDS TO SEE AND WE CAN GO
FROM THERE. >> WHAT SHE IS SAYING IF THAT'S ALL THE PHOTOS SHE DOES NOT NEED THEM.
>> SHE IS NOT CONTESTING THERE WERE SIGNS REMOVE YOUR VEHICLES
BY 2:00 O'CLOCK. >> MA'AM DO YOU WANT TO GO AHEAD AND GO FORWARD WITHOUT HAVING HAD A CHANCE TO RECEIVE THE
>> MRS. RABENECKER WE WILL GO FORWARD.
>> IS HER APPEAL IN THE PACKET? >> YES.
>> OKAY YOUR HONOR THE NEXT CASE IS CASE NUMBER 23 DUST 271 HEY PARKING CITATION READ NOTHING 100 BLOCK OF MARINA WAY, THE CASE WAS INITIATED OCTOBER 6, 2023 AS CITATION APPEAL, THE OWNER OF THE VEHICLE CAME BACK TO A MARY ELLEN AND EDWARD STIG MEYER, THE CITATION NUMBER WRITTEN IS 2527 A PARKING VIOLATION OF CITY ORDINANCE 34 DOCTSCH 35 DAY GROW CLOSE FOR SPECIAL EVENT THE CITY IS REQUESTING A $50 FINE AND ADMINISTRATION OF $10 TOTAL OF $60 FOR CITY REQUEST THAT THE SPECIAL MAGISTRATE FINDS THE FOLLOWING BE ORDERED, THE VIOLATOR BE ASSESSED A FINE AND THE AMOUNT OF $60 AND FAILURE TO PAY AS FINE TO THE COUNTY COURT SYSTEM THE DATE AND TIME.
[02:15:01]
>> I BELIEVE MR. RABENECKER YOU HAVE THE APPEAL PAPERWORK.
>> LAST PAGE. >> IT LOOKS LIKE SHE SENT AN
APPEAL FROM COBBS LANDING. >> CORRECT THAT IS IN THEIR.
>> WE WILL MOVE THAT PACKET IN AS THE CITY COMPOSITE EXHIBIT ONE AND IT DOES INCLUDE THE APPEAL PAPERWORK AS WELL.
>> OKAY. >> IT WILL BE ADMITTED AS SUCH.
>> ARE APPEAL PAPERWORK IS NOT IN HERE.
>> IT IS PRINTED. >> IS HER CAR THE MAROON CAR,
WHAT CAR IS HERS. >> THE MAROON CAR.
>> YES. >> WHY WERE YOU PARKED THERE.
>> YES GOOD AFTERNOON YOUR HONOR I WAS HAVING LUNCH AT COBBS LANDING I SAW THE SIGN FOR CARS TO BE REMOVED AND I WAS GOING TO MY CAR OUT OF THERE AT 2:00 O'CLOCK.
I DID NOT HAVE MY CAR OUT AT 2:00 O'CLOCK BECAUSE I HAD NO WAITRESS SERVICE I WAS GETTING VERY NERVOUS AT 10 OF TWO, THERE WAS NO WAITRESS COMING TO THE TABLE THERE WAS NO WAITRESS IN SIGHT AND I COULD NOT WALK A OUT OF THE RESTAURANT.
I HAD A FRIEND WITH ME HOWEVER, SHE HAD A YOUNG PUPPY AND SHE WAS GONE WALKING THE PUPPY AT THAT TIME I COULD NOT WALK OUT OF THE RESTAURANT WITHOUT PAYING AND WHEN I ARRIVED AT MY CAR I HAD TO SEE THE TICKET AT 215. I FELT I WAS STUCK IN A PLACE THAT I OBVIOUSLY COULD NOT WALK OUT OF THE RESTAURANT TO PAY TO MOVE THE CAR. NOR DID I ANTICIPATE I WOULD HAVE 25 OR 35 MINUTES OF WAITING WITHOUT ANY WAITRESS SERVICE TO HELP ME. THAT IS WHY I ASKED TO CONTEST
THIS PARTICULAR VIOLATION. >> ANY QUESTIONS.
>> I HAVE A COUPLE QUESTIONS I WAS NOT SURE IF SHE WAS FIN
>> I NOTICED ON THE RECEIPT AND SHOWS THE TIME YOU PLACE YOUR
ORDER WAS 1:28 P.M. >> WHAT TIME DID YOU GET TO THE
RESTAURANT. >> I WAS AT THE RESTAURANT
BEFORE 1:00 O'CLOCK. >> WHAT WAS THE 30 MINUTE PLUS
LABS. >> WAITING FOR WAITRESS SERVICE.
>> OKAY SPECIAL MAGISTRATE CAN I SEE THAT FOR ONE SECOND.
>> WE WERE SITTING OUTSIDE I SEE MY CAR FROM WHERE I WAS TALKS.
>> IT LOOKS LIKE YOU WERE PARKED ACROSS FROM COBBS LANDING.
>> A LITTLE BIT FURTHER DOWN TOWARDS THE WATER BUT CLOSER TO
COPIES FROM MY MEMORY. >> THE COBBS SET UP FOR THAT RESTAURANT IS AN OUTDOOR RESTAURANT.
>> I WAS SITTING IN THE OUTDOORS, COULD YOU SEE YOUR VEHICLE FROM WHERE YOU'RE SITTING.
>> FROM YOUR RECEIPT LOOKS LIKE YOUR PAYMENT WAS 2:26 P.M.
>> I DON'T HAVE ANY MORE QUESTIONS.
>> SPECIAL MAGISTRATE YOU DID NOT HAVE ANY SERVICE YOU DID NOT GO TO ONE OF THE WAITRESSES WERE THE BARTENDER OR WHOEVER AND SAID MY CAR IS BLOCKTON, HOLD THIS TICKET I'LL BE RIGHT BACK OR CAN I PAY YOU NOW AND LET ME MOVE MY CAR.
>> I DID NOT DO THAT I JUST KEPT LOOKING FOR MY SURE WHAT I WOULN SAID TO THEM. I SUPPOSE I WOULD'VE BEEN A GOOD IDEA, I WAS NERVOUS AND ANXIOUS AND WAITING AND FRUSTRATED.
[02:20:05]
THAT WOULD'VE BEEN MY AIR. >> OKAY, ANYTHING FURTHER?
>> NO YOUR HONOR. >> THANK YOU.
>> BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND A VIOLATION EXIST IN THE PARTY RESPONSIBLE FOR THE VIOLATION.
I WILL IMPOSE A $50 FINE, A 10-DOLLAR ADMINISTRATIVE FEE FOR A TOTAL OF $60. YOU'VE GOT 14 DAYS TO PAY.
>> ALRIGHT, THANK YOU I WILL PUT IT IN THE MAIL TODAY.
HOPEFULLY THE U.S. MAIL WILL GET IT THERE.
YOU ARE IN WILMINGTON. >> THAT IS CORRECT.
>> I WILL GIVE YOU 21 DAYS TO PAY BECAUSE THE MAIL CAN BE
SLOPED AT TIMES. >> IT CAN BE PAID ONLINE AND SHE PREFERS TO DO IT THAT WAY IT CAN BE PAID ONLINE.
>> THANK YOU FOR YOUR TIME. >> ONE MORE THING FAILURE TO PAY COULD RESULT TO THE COUNTY COURT SYSTEM WHILE YOU WILL INCUR
ADDITIONAL FEES AND COST. >> THANK YOU.
>> 30 DAYS TO APPEAL. >> 30 DAYS TO APPEAL.
>> THANK YOU. >> ALRIGHT, THANK YOU.
[D. 23-1743PK South Causeway Park Cynthia Fontae Aranaha Charmaine Kirkland]
OUR NEXT CASE WERE GOING TO GO INTO REGULAR ORDER.THE NEXT CASE WILL BE 23.1743 SOUTH CAUSEWAY CYNTHIA FONTE.
>> WHAT ALPHABET IS NOT. >> I AM ALL OUT OF ORDER HERE.
>> IT'S GOING TO BE FOR THE. >> OKAY.
>> WHEN YOU ARE READY. >> GOOD AFTERNOON YOUR HONOR, CASE NUMBER 23 DUST 1743 IS A PARKING SITE ISSUE ISSUED AT SOUTH CAUSEWAY PARK TO CYNTHIA FONTAINE, CASE INITIATED JU JUNE 10, 2023, THE CITATION NUMBER 188887 POST SECTION 34-35E PARKING PROHIBITED, A FINE OF $50, ADMIN FEE OF $10 AND LATE FEE OF $10 WHICH IS THE TOTAL DUE OF $78.
THE CITY REQUESTED THE SPECIAL MAGISTRATE FIND A VIOLATION EXIST THE VIOLATION, THE TOTAL DUE AS INDICATED ABOVE TO PAY SUCH I WILL BE A CITATION FORWARDED TO THE COUNTY COURT SYSTEM. I DO HAVE PHOTOS TO DEPICT THE
TIME AND DATE OF THE OCCURRENCE. >> AT THIS TIME THE CITY WILL MOVE THE PHOTOGRAPHS AS COMPOSITE EXHIBIT ONE.
>> THEY WILL BE ADMITTED AS NOT PRESENT AND NEEDS A REPRESENTATIVE ABOUT HER HALF BUT ON THE TESTIMONY AND EVIDENCE PRESENTED I FIND A VIOLATION EXIST SHE IS RESPONSIBLE FOR THE VIOLATION AND I WILL IMPOSE A FINE OF $50 ADMIN FEE OF 10, LATE FEE OF 18 FOR A TOTAL DUE OF $78.
SHE HAS 14 DAYS TO PAY. FAILURE TO PAY COULD RESULT INTO A CITATION OF THE COUNTY COURT SYSTEM WHERE SHE COULD INCUR ADDITIONAL FEES AND COSTS, 30 DAYS TO APPEAL.
[E. 23-1783PK 000 N 5th Street Wyatt Lee Rhodes Charmaine Kirkland]
>> NEXT CASE 23.1783, NORTH FIFTH STREET QUIET LANE ROADS.
>> WHEN YOU'RE READY. >> ON A CASE NUMBER 23.1783 IS A PARKING CITATION ISSUE AS 0 BLOCK OF NORTH FIFTH STREET, CASE INITIATED JUNE 15, 2023, THE CITATION NUMBER ONE TRIPLE 89 COMPANY SECTION 34-31 OPPOSITE DIRECTION OF TRAFFIC, FINE OF $50.10 AND LATE FEE OF $50, TOTAL DUE OF $78 PER THE CITY REQUESTED THE SPECIAL MAGISTRATE BY THE VIOLATION EXIST VIOLATOR WILL BE TOTAL INDICATED ABOVE FAILURE TO PAY FINE WILL RESULT IN THE CITATION BEING FORWARD TO THE COUNTY
COURT SYSTEM. >> I DO HAVE PHOTOS TO DEPICT THE TIME AND DATE OF THE OCCURRENCE.
>> THE CITY WILL MOVE THE PHOTOGRAPHS AND COMPOSITE
EXHIBIT ONE. >> IT WILL BE ADMITTED AS SUCH.
>> ANYTHING FURTHER? >> NO MA'AM.
[02:25:02]
>> I FIND THAT HE IS NOT PRESENT IS THERE A REPRESENTATIVE ON HIS PAST, I WILL IMPOSE A FINE IN THE AMOUNT OF $50 FOR PARKING THE WRONG WAY, A 10-DOLLAR ADMIN FEE AND A LATE FEE OF $18 FOR TOTAL DUE OF $70, THAT IS PAYABLE WITHIN 14 DAYS IN THE DATE OF THE ORDER AND THE PARTY SHOULD BE AWARE THAT FAILURE TO PAY COULD RESULT IN THE CITATION FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE WILL INCUR ADDITIONAL FEES AND COSTS.
30 DAYS TO APPEAL. >> NEXT CASE 23-2386, 102 NORTH
[F. 23-2386 PK 102 North Indian River Drive EAN HOLDINGS, LLC Charmaine Kirkland]
DRIVE AND HOLDINGS LLC. >> WHEN YOU ARE READY.
>> CASE NUMBER 23-2386 IS A PARKING CITATION ISSUE AT 102 NORTH INDIAN RIVER DRIVE TO EN HOLDINGS LLC, CASE INITIATIVE AUGUST 17, 2023. CITATION NUMBER 2119.
COMPANY SECTION 34-318 PARKING REGULATION, FIND A $50, ADMIN FEE OF $10, LATE FEE OF $18, TOTAL DUE OF $78.
THE CITY REQUESTED THE SPECIAL MAGISTRATE FIND THE VIOLATION EXIST THE FOLLOWING WILL BE ORDER, THE NUMBER ONE THE VIOLATORS APPLIED AND THE AMOUNT OF $70, NUMBER TWO FAILURE TO PAY A FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE
COUNTY COURT SYSTEM. >> I DO HAVE PHOTOS OF DEPICTED
TIME AND DATE OF THE OCCURRENCE. >> THIS TIME THE CITY WILL MOVE IN THE PHOTOGRAPHS AS COMPOSITE EXHIBIT ONE.
>> IT WILL BE ADMITTED AS SUCH. >> THANK YOU.
>> I FIND THERE IS NO REPRESENTATIVE HERE ON THE PART OF IAN HOLDINGS LLC, HOWEVER, I DO FIND THE VIOLATION OCCURRED AND THAT PARTY IS RESPONSIBLE FOR THE VIOLATION.
I WILL IMPOSE A PARKING FINE IN THE AMOUNT OF $50 IN AN ADMIN FEE OF $10 AND A LATE FEE OF 18 FOR A TOTAL DUE OF $78 THAT IS PAYABLE WITHIN 14 DAYS, THE PARTY SHOULD BE ADVISED FAILURE TO PAY SO COULD RESULT IN THE CASE BEING TRANSFERRED TO THE
[A. 23-1505 STR 2400 S Ocean Drive 2221 PERLA RUIZ VALERIE A RUIZ Heather Debevec]
COUNTY COURT SYSTEM WHERE HE WILL INCUR ADDITIONAL FEES ANDCOSTS, 30 DAYS TO APPEAL. >> NEXT CASE 23-1505, 2400 SOUTH OCEAN DRIVE, UNIT 22-21. VALERIE ALVAREZ.
>> YOUR HONOR THAT WAS COMPLIED. >> SO ARE WE REQUESTING R&D.
>> THAT WAS COMPLIED. >> WE CAN DISMISS IT.
>> STRIKING FROM THE DOCKET. >> NEXT CASE 23-16712507 SOUTH
[D. 23-1671 CE 2507 S Indian River Drive DIANE WYNNE Heather Debevec]
INDIAN RIVER DRIVE, DIANE WAYNE. >> 671-2507 SOUTH INDIAN RIVER DRIVE, DIANE NGUYEN. THE CASE WAS INITIATED ON JUNE 16 THIS YEAR FOR SECTION 123-37 SUBSECTION 12 LANDSCAPE MAINTENANCE, THE REQUESTED THAT SHE ♪ ♪ MATURING WEEDS, BUSHES TO TRUTH, REMOVE BIGOTRY AND DEBRIS, THE CITY IS REQUESTING OF THE SPECIAL MAGISTRATE FINDS EXIST THEY WILL BE GIVEN 10 DAYS TO COMPLY OR A FINE OF $100 FEE ASSESSED. I WOULD LIKE TO AMEND THAT AND GIVE HER 15 DAYS, I HAD SPOKEN TO HER THE OTHER DAY SHE HAD ROOF WORK DONE WHERE SHE COULD NOT DO STUFF FOR SAFETY PURPOSES. AND SHE'S TRYING TO GET SOMEBODY TO HELP HER WITH THE LANDS LANDSCAPING.
>> OKAY DO THE PHOTOGRAPHS DEPICT THE VIOLATION.
>> THEY DO. >> I WILL MOVE THOSE AND AS THE
CITY COMPOSITE EXHIBIT ONE. >> IT WILL BE OMITTED AS SUCH.
>> I FIND THAT DIANE IS NOT PRESENT NEITHER IS HER REPRESENTATIVE BOBBY HER BEHALF. I FIND SHE IS IN VIOLATION OF LANDSCAPE MAINTENANCE, HOW MANY DAYS YOU WANT TO GIVE HER.
>> 50. >> I WILL GIVE HER 15 DAYS TO COMPLY, IF NOT SHE WILL BE FINE $100 PER DAY.
30 DAYS TO APPEAL. >> OR LAST CASE 23-237-9202 GARDENIA AVENUE, DARRELL KIL KILLIAN.
[G. 23-2379CE 202 Gardenia Avenue DARRYL GILLIAM, AIDA I ESQUIVEL Heather Debevec]
>> YOUR HONOR THIS IS CASE NUMBER 23-2379 TO A THREE GARDENIA AVENUE. THE CASE WAS INITIATED ON AUGUSR
[02:30:05]
IPM C72.4 EMERGENCY ESCAPE OPENINGS COVERED WINDOWS SECTION 24192420, 24211 AND FIVE NUISANCE OBJECT OUTSIDE STORAGE, REQUESTED THAT THEY REMOVE THE SHUTTERS AROUND THE HOME, REMOVE BUCKETS, BOARDS, CONTAINERS, BOXES AND ANY OTHER ITEMS IN THE ABOVE-MENTIONED ORDINANCE AND STORE OUT OF PUBLIC VIEW INTO A GARAGE OR SHED. THE CITY IS REQUESTING THAT THE SPECIAL MAGISTRATE FINDS IT EXISTS, THE FOLLOWING BE ORDERED THE VIOLATOR BE GIVEN FIVE DAYS TO FULLY OPEN A REMOVE THE SHUTTERS FROM THE WINDOWS, VIOLATOR BE GIVEN 10 DAYS TO REMOVE OUTSIDE STORAGE OF TIRES, BOXES, BINS, BAGS, OTHER ITEMS FROM THE CARPORT AND YARD. FAILURE TO APPLY $100 PER DAY BEING ASSESSED, I HAVE PHOTOS IN WHICH TO SUMMIT.>> THE CITY WILL REMOVE THE PHOTOGRAPHS IN THE COMPOSITE
EXHIBIT ONE. >> IT WILL BE ADMITTED AS SUCH.
>> I FIND THAT NEITHER DARRELL GILLIAM OR ESQUIVEL IS PRESENT HOWEVER, I DO FIND THAT A VIOLATION EXIST IN THE PARTIES THAT ARE RESPONSIBLE FOR THE VIOLATION.
HOW MANY DAYS YOU WANT TO GIVE THEM?
>> IT WAS FIVE FOR THE COVERED WINDOWS, 10 FOR THE STORAGE.
>> ALRIGHT, I WILL GIVE THEM FIVE DAYS TO CORRECT THE SHUTTERS FROM THE HOME IN 10 DAYS TO REMOVE THE OUTSIDE STORAGE OF TIRES, BOXES AND BAGS AND OTHER ITEMS FROM THE CARPORT FAILURE TO COMPLY COULD RESULT IN A FINE OF $100 PER DAY AND
YOU 30 DAYS TO APPEAL. >> THANK YOU YOUR HONOR.
>> YOU'RE WELCOME. >> IS THAT IT.
>> CASES REQUIRING -- WE ARE DONE.
CASES REQUIRING A HEARING FOR STATE STATUTE 162.12 A NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL IF THE GREEN CARD IS RETURNED SIGN IT IS PLACED IN THE FILE.
IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED AND AFFIDAVIT OF MAILING WITH A NOTICE OF HEARING AND CLOSE ASSENT TO THE VIOLATOR REGULAR U.S. MAIL.
TEN DAYS PRIOR TO THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD AND CITY H HALL.
A NOTICE OF HEARING IS ALSO POSTED OF THE PROPERTY IN QUESTION WITH AN AFFIDAVIT POSTING.
THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING, THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED. FOR CASES NOT MANDATED BY STATE STATUTE THE MAILING IS HANDLED IN THE SAME MANNER STATED PRIOR IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED OR NOT RETURNED WITHIN 10 DAYS OF THE HEARING, NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN THE CITY HALL.
* This transcript was compiled from uncorrected Closed Captioning.